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IN RE LIVINGSTON

83 N.J. Super. 98 (1964)

199 A.2d 37

IN THE MATTER OF THE PETITION OF JOHN T. LIVINGSTON TO SET ASIDE, ANNUL AND REVOKE THE ELECTION OF MANUS J. O'DONNELL FOR THE OFFICE OF BOROUGH COMMISSIONER IN THE BOROUGH OF AVON-BY-THE-SEA, COUNTY OF MONMOUTH, STATE OF NEW JERSEY, AS A RESULT OF THE ELECTION HELD MAY 14, 1963. JOHN T. LIVINGSTON, PETITIONER-RESPONDENT, v. MANUS J. O'DONNELL, INCUMBENT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided March 24, 1964.

Attorney(s) appearing for the Case

Mr. Joseph F. Mattice, attorney for incumbent-appellant (Mr. Thomas E. Durkin, Jr., Mr. William J. Gearty, of counsel and on the brief).

Mr. Arthur J. Sills, Attorney General of New Jersey Amicus Curiae, pro se (Mr. William L. Boyan, Deputy Attorney General, of counsel).

Mr. Joseph N. Dempsey, attorney for petitioner-respondent.

Before Judges GOLDMANN, KILKENNY and COLLESTER.

The opinion of the court was delivered by KILKENNY, J.A.D.

Manus J. O'Donnell appealed from a judgment of the Superior Court, Law Division, entered on June 26, 1963, declaring that John T. Livingston, rather than he, had been elected to fill the third seat on the three-man Board of Commissioners of the Borough of Avon-by-the-Sea, as the result of the municipal election held on May 14, 1963. Harry B. Crook, Jr. and William...

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