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WOODHULL v. MANAHAN

85 N.J. Super. 157 (1964)

204 A.2d 212

VICTOR L. WOODHULL, WILLIAM E. WIDERKEHR, RICHARD L. STARK, ARTHUR G. TOOMER, JR., RICHARD J. LYONS AND HAROLD W. WATSON, PLAINTIFFS-RESPONDENTS, v. J. RAYMOND MANAHAN AND E. MARCO STIRONE, DEFENDANTS-APPELLANTS, AND DAVID E. NOONAN, RUSSELL J. NONCARROW AND ANTHONY J. CATTANO, DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided October 20, 1964.

Attorney(s) appearing for the Case

Mr. Myron J. Bromberg argued the cause for appellant Manahan (Messrs. Porzio, Bromberg & Newman, attorneys).

Mr. Alvin Weiss argued the cause for appellant Stirone (Messrs. Riker, Danzig, Scherer & Brown, attorneys).

Mr. Henry M. Hoyt argued the cause for respondents (Messrs. Corbin, Hoyt & Watson, attorneys).

Before Judges LEONARD, CONKLIN and PASHMAN.

The opinion of the court was delivered by PASHMAN, J.S.C. (temporarily assigned).

This is an action to construe and determine the relative powers of the mayor and common council of the Town of Morristown in the appointments of a town attorney and committees of the council. The common council consists of the mayor (defendant Manahan) and eight councilmen. Five of the councilmen are the plaintiffs in this action and defendants...

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