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IN RE PETITION OF SMITH

114 N.J. Super. 421 (1971)

276 A.2d 868

IN THE MATTER OF PETITION OF THOMAS F.X. SMITH, MUNICIPAL CLERK OF THE CITY OF JERSEY CITY, IN RE RECALL ELECTION OF THE CITY OF JERSEY CITY. THOMAS F. McGOVERN AND ANIELLO R. PECORARO, INDIVIDUALLY AND INCUMBENT COUNCILMEN OF THE CITY OF JERSEY CITY, PLAINTIFFS-APPELLANTS, v. THOMAS F.X. SMITH, CITY CLERK OF THE CITY OF JERSEY CITY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Argued March 30, 1971.

Decided April 28, 1971.

Attorney(s) appearing for the Case

Mr. Benjamin H. Chodash argued the cause for Thomas J. Whelan, Mayor of Jersey City.

Mr. Harold J. Ruvoldt, Jr. argued the cause for Thomas F. McGovern and Aniello R. Pecoraro, individually and incumbent councilmen of Jersey City (Messrs. Ruvoldt and Ruvoldt, attorneys).

Mr. James F. Ryan, Corporation Counsel of Jersey City, argued the cause for Thomas F.X. Smith, City Clerk of Jersey City.

Mr. Floyd F. Lombardi argued the cause for Citywide Independent League (Mr. Ralph P. Messano, attorney).

Mr. William J. Brennan, III argued the cause for Community Action Council (Messrs. Bernard M. Hartnett, Jr., Gerald P. Lally and Mr. Brennan, attorneys).

Before Judges LEWIS, MATTHEWS and MINTZ.

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

This consolidated proceeding embraces three appeals from four separate orders of the Law Division regarding the recent effort of the Citywide Independent League (C.I.L.) and the Community Action Council (C.A.C.), two civic and political organizations of the City of Jersey City (city), to recall the mayor and seven of the nine councilmen of the city. The matters here under review have come before us as the result...

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