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KOZIOL ET AL. v. BURKHARDT

51 N.J. 412 (1968)

241 A.2d 451

HENRY KOZIOL, ET AL., PLAINTIFFS-RESPONDENTS, v. ROBERT J. BURKHARDT, AS SECRETARY OF STATE OF THE STATE OF NEW JERSEY, DEFENDANT-RESPONDENT, FRANK TEDESCO, ET AL., INTERVENING DEFENDANTS-APPELLANTS. AND JOSEPH REGAN, AS SUPERINTENDENT OF THE BOARD OF ELECTIONS, COUNTY OF BERGEN, STATE OF NEW JERSEY, AND ALEXANDER ALLAN, AS CLERK OF THE COUNTY OF BERGEN, STATE OF NEW JERSEY, ET AL., DEFENDANTS.

The Supreme Court of New Jersey.

Decided April 3, 1968.

Attorney(s) appearing for the Case

Mr. Abram A. Lebson, argued the cause for appellants (Messrs. Lebson & Prigoff, and Messrs. Lester & Kahn, attorneys).

Mr. Benjamin Boley, of the District of Columbia Bar, and Mr. David Friedland, argued the cause for respondents, Koziol, et al. (Messrs. Friedland, Schneider & Friedland, and Mr. Ronald J. Picinich, attorneys).

Mr. Hugo Pfaltz, argued the cause for the General Assembly of the State of New Jersey (Messrs. Bourne, Schmit, Burke & Noll, attorneys).

Mr. Stephen Skillman, Deputy Attorney General, filed a brief on behalf of Robert J. Burkhardt, Secretary of State of the State of New Jersey (Mr. Arthur J. Sills, Attorney General, attorney).

Mr. Frank J. Cuccio, County Counsel, and Mr. Lawrence Wolfberg, First Assistant County Counsel, attorneys for Alexander Allan, County Clerk of Bergen County.

PER CURIAM.

By Chapter 11, Laws of 1968, the Legislature amended the Congressional Districting Act (1966), N.J.S.A. 19:46-2 and 3, to provide a new line separating the Seventh and Ninth Districts, which districts comprise the whole of Bergen County. In approximate terms the 1966 statute created the mentioned districts by dividing Bergen County by a line running generally east and west, whereas the 1968 statute here involved divides the county by a line running...

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