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IN RE PETITION OF BYRON

165 N.J. Super. 468 (1978)

398 A.2d 599

IN THE MATTER OF THE PETITION OF DR. HUBERT H. BYRON, LOUIS E. MEDVED AND ARMANDO MARINO, CONTESTING THE ELECTION OF R. DAVID SPERLING TO THE OFFICE OF MAYOR, AND SAMUEL MARSHALL AND HELEN FARAGO TO THE OFFICES OF COUNCIL OF THE BOROUGH OF WRIGHTSTOWN PURSUANT TO N.J.S.A. 19:29-1 ET SEQ. AND IN THE MATTER OF THE PETITION OF EDWARD G. TYLER.

Superior Court of New Jersey, Law Division.

Decided December 28, 1978.

Attorney(s) appearing for the Case

Mr. Joseph M. Pinto for petitioners (Wrightstown election) (Messrs. Polino & Williams, attorneys).

Mr. John S. Sitzler for defendants (Wrightstown election) (Messrs. Mathews & Sitzler, attorneys).

Mr. William J. O'Byrne for defendants (Wrightstown election).

Mr. Emerson Darnell for intervenor NAACP (Messrs. Darnell & Scott, attorneys).

Mr. Jerrold Kamensky for petitioner Tyler (Fieldsboro election) (Messrs. Tomar, Kamensky & Smith, attorneys).

Mr. Martin J. Queenan for defendant Carnessale (Fieldsboro election).

Ms. Karen Ruth Larson, Deputy Attorney General, for Defendant Burlington County Board of Elections (Wrightstown and Fieldsboro elections).

Mr. M. Jefferson Davis for defendant Burlington County Clerk (Legal Department, Burlington County, attorneys).

HAINES, J.S.C.

Following the November 7, 1978 general election two petitions were filed pursuant to N.J.S.A. 19:29-1 et seq. challenging the validity of elections conducted in the Borough of Wrightstown and the Borough of Fieldsboro. At the court's request, motions for summary judgment were filed in each case concerning a legal issue common to both. The NAACP was allowed to intervene and filed a brief. The cases were consolidated for argument and are...

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