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RICHARDSON v. CAPUTO

46 N.J. 3 (1965)

214 A.2d 385

GEORGE C. RICHARDSON, DAVID BLUMGART, KENRICK O. STEPHENSON, FREDERICK WARING, JOSEPH SCRIMMAGER, SAMUEL ARROYO, ABIGAIL MALMGREEN, MELVIN HIGGINS, THOMAS GONZALEZ, INGRID FRANK, ANITA WARREN, GEORGE FONTAINE, EDWIN STEVENS, DONALD DWORKIN, JOHNIE JOHNSON, STANLEY B. WINTERS, HILDA HIDALGO, AND HORACE P. SHARPER, PLAINTIFFS-APPELLANTS, v. NICHOLAS V. CAPUTO, INDIVIDUALLY, AND NICHOLAS V. CAPUTO, COUNTY CLERK OF ESSEX COUNTY, NEW JERSEY, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided October 19, 1965.

Attorney(s) appearing for the Case

Mr. Sanford Gallanter argued the cause for appellants (Messrs. Lawrence I. Lerner and William Rossmoore, of counsel; Messrs. Gallanter & Levy, attorneys).

Mr. Howard W. Hayes, Assistant County Counsel, argued the cause for respondents.

The opinion of the court was delivered by WEINTRAUB, C.J.

The issue is whether in preparing the ballot for the general election of November 2, 1965, the County Clerk of Essex County erred in his allocation of positions to candidates of "The United-Political Freedom Party." The ballot as prepared by the County Clerk is reproduced in the addendum to this opinion. The trial court upheld the County Clerk. We certified the ensuing...

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