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VALLE v. NORTH JERSEY AUTO. CLUB

125 N.J. Super. 302 (1973)

310 A.2d 518

ELMO G. VALLE AND ODETTE SCHIELKE, PLAINTIFFS, v. NORTH JERSEY AUTOMOBILE CLUB, A MUTUAL ASSOCIATION INCORPORATED IN ACCORDANCE WITH TITLE 15 OF THE LAWS OF THE STATE OF NEW JERSEY, AND FLOYD HUGHES, ALEXANDER PATTERSON, PETER CALCIA AND WALTER D. VAN RIPER, AS OFFICERS AND DIRECTORS OF NORTH JERSEY AUTOMOBILE CLUB, AND FLOYD HUGHES, ALEXANDER PATTERSON AND PETER CALCIA, INDIVIDUALLY, AUTO CLUB AGENCY OF HUDSON COUNTY, A CORPORATION OF THE STATE OF NEW JERSEY, DONALD HUGHES, ALEXANDER PATTERSON, JR., WILLIAM HOLLRITT AND CARLETON H. RITTER, DEFENDANTS. WILLIAM RICCARDO, PLAINTIFF-INTERVENER, v. JAMES T. WHITE, DEFENDANT ON COMPLAINT OF INTERVENER.

Superior Court of New Jersey, Chancery Division.

Decided August 24, 1973.

Attorney(s) appearing for the Case

Mr. Howard Stern, of counsel, argued the cause for plaintiffs Elmo G. Valle and Odette Schielke (Mr. A. Crew Schielke, Jr., attorney).

Mr. Walter D. Van Riper argued the cause for defendant North Jersey Automobile Club (Messrs. Van Riper, Belmont and Villanueva, attorneys).

Mr. John B. Hall argued the cause for plaintiff-intervenor William Riccardo.

Mr. Albert S. Gross argued the cause for defendants Floyd Hughes, Alexander Patterson, Peter Calcia, Walter D. Van Riper, Auto Club Agency of Hudson County, Donald Hughes, Alexander Patterson, Jr., William Hollritt and Carleton H. Ritter, and for defendant James T. White as defendant on complaint of intervenor.

KOLE, J.S.C.

Plaintiffs challenge the organizational procedures of North Jersey Automobile Club ("NJAC" or "club"), essentially on the ground that as members they have been foreclosed from a voice in the election of directors as a result of certain by-law provisions. Additionally, plaintiffs attack the acquisition in December 1951, over 20 years ago, of the Fletcher Insurance Agency, now Automobile Club Agency of Hudson County ("Hudson"), by four of NJAC's directors...

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