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GROGAN v. DeSAPIO

11 N.J. 308 (1953)

94 A.2d 316

JOHN J. GROGAN, EDWARD J. BORRONE AND CARMELA FINIZIO, PLAINTIFFS-RESPONDENTS, v. FRED M. DeSAPIO, MICHAEL M. BORELLI, THOMAS A. GALLO, ET AL., DEFENDANTS-APPELLANTS.

The Supreme Court of New Jersey.

Reargued December 1, 1952.

Decided January 19, 1953.

Attorney(s) appearing for the Case

Mr. Frank G. Schlosser argued the cause for the defendants-appellants Fred M. DeSapio, Michael M. Borelli and Thomas A. Gallo.

Mr. Otmar J. Pellet argued the cause for the defendants-appellants, the Board of Commissioners of the City of Hoboken (Mr. Dominick J. Marrone, attorney).

Mr. Joseph Weintraub argued the cause for the plaintiffs-respondents (Messrs. McGlynn, Weintraub & Stein, attorneys).

The opinion of the court was delivered by BURLING, J.

This appeal involves the validity of departmental assignments to city commissioners effected ostensibly under the pertinent provisions of the Walsh Act (R.S. 40:70-1 et seq., L. 1911, c. 221 as amended) at the organization meeting of a newly elected city commission in Hoboken, New Jersey, on May 15, 1951. An action was instituted by two of the members of the five-man commission, together with...

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