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RAFFERTY v. SCHATZMAN

81 N.J. Super. 58 (1963)

194 A.2d 588

JAMES S. RAFFERTY, PLAINTIFF, v. FRANK D. SCHATZMAN, COUNTY CLERK OF MIDDLESEX COUNTY; PETER BIRO, CHAIRMAN OF BOARD OF ELECTIONS OF MIDDLESEX COUNTY; AND FRANK D. SCHATZMAN, INDIVIDUALLY AND MIDDLESEX DEMOCRATIC COUNTY COMMITTEE, DEFENDANTS.

Superior Court of New Jersey, Law Division — Middlesex County.

Decided October 11, 1963.

Attorney(s) appearing for the Case

Mr. Norman J. Abrams for plaintiff (Messrs. Abrams, Kestenbaum & Hendricks, attorneys).

Mr. Warren W. Wilentz for defendant Schatzman (Messrs. Wilentz, Goldman & Spitzer, attorneys).

Mr. John A. Lynch for defendants Biro and Middlesex Democratic County Committee (Messrs. Lynch & Gavarny, attorneys).

HALPERN, A.J.S.C.

These are cross-motions for summary judgment. Plaintiff James S. Rafferty seeks judgment removing defendant Frank D. Schatzman as candidate of the Democratic Party for the office of Middlesex County Clerk, at the next general election, and to have his name placed on the official ballot as the Democratic Party candidate.

Defendant Schatzman's motion seeks to dismiss Rafferty's complaint and,...

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