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IMBRIE v. MARSH

5 N.J. Super. 239 (1949)

68 A.2d 761

JAMES IMBRIE, AND OTHERS, PLAINTIFFS-APPELLANTS, v. LLOYD B. MARSH, AND OTHERS, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided October 19, 1949.

Attorney(s) appearing for the Case

Mr. Leo Blumberg argued the cause for the plaintiffs-appellants (Mr. William Rossmoore and Mr. Basil Pollitt, on the brief; Mr. Morton Stavis, attorney).

Mr. Benjamin C. Van Tine argued the cause for defendants-respondents (Mr. Henry F. Schenck, of counsel: Mr. Theodore D. Parsons, Attorney General, attorney for State of New Jersey).

Mr. Jerome C. Eisenberg, attorney for American Jewish Congress, New Jersey Region.

Messrs. Rothbard, Harris & Oxfeld, attorneys for American Civil Liberties Union.

Mr. Solomon Golat, attorney for Civil Rights Congress of New Jersey.

Before Judges JACOBS, DONGES and BIGELOW.

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

This appeal brings into question Chapters 21 to 25 of the Laws of 1949. These statutes add to the oath of allegiance found in R.S. 41:1-1 and to the oath pledging support to the constitution, R.S. 41:1-3, the following terms:

"That I do not believe in, advocate or advise the use of force, or violence, or other unlawful or unconstitutional...

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