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WORTHINGTON v. FAUVER

180 N.J. Super. 368 (1981)

434 A.2d 1134

CHARLES WORTHINGTON, COUNTY EXECUTIVE, AND MARIO FLORIANI, SHERIFF OF ATLANTIC COUNTY, PLAINTIFFS-APPELLANTS, v. WILLIAM H. FAUVER, COMMISSIONER, NEW JERSEY DEPARTMENT OF CORRECTIONS, AND BRENDAN BYRNE, GOVERNOR, STATE OF NEW JERSEY, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided September 4, 1981.

Attorney(s) appearing for the Case

Salvatore Perillo, County Counsel, Atlantic County Department of Law, argued the cause for appellants (Mr. Perillo and Betty Ann Bittel, Assistant County Counsel, on the brief).

Joseph T. Maloney, Deputy Attorney General, argued the cause for respondents (James R. Zazzali, Attorney General of New Jersey, attorney; Erminie L. Conley, Assistant Attorney General, of counsel).

Before Judges KOLE, JOELSON and McELROY.

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

This matter requires consideration of Executive Order 106 issued by the Governor on June 19, 1981. This order was promulgated as a temporary measure, effective for a 90-day period, and gives authority to the Commissioner of the Department of Corrections to attempt to alleviate the dire conditions of inmate overcrowding in state and county correctional facilities by allocating the flow and movement of prisoners...

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