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AXTELL v. CAPUTO

85 N.J. Super. 80 (1964)

204 A.2d 7

ANDREW C. AXTELL, PHILIP LINDERMAN, DON CETRULO AND DOMINICK A. CAVICCHIA, PLAINTIFFS-RESPONDENTS, v. NICHOLAS V. CAPUTO, CLERK, ESSEX COUNTY, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided October 5, 1964.

Attorney(s) appearing for the Case

Mr. Nicholas T. Fernicola argued the cause for appellant (Mr. Sheldon H. Pressler, on the brief).

Mr. Irving N. Yankowitz argued the cause for respondents.

Before Judges GOLDMANN, SULLIVAN and LABRECQUE.

PER CURIAM.

Defendant County Clerk of Essex County appeals from a Law Division judgment directing him to place the Republican Party candidates on line "B," the second column or line on the ballot to be used at the November 3, 1964 general election.

At a drawing of lots to determine the positions of the political parties on the general election ballot, conducted pursuant to N.J.S.A. 19:14-12, the county clerk first drew the name of the Democratic Party...

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