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WESTPY v. BURNETT

82 N.J. Super. 239 (1964)

197 A.2d 400

ROBERT WESTPY, PLAINTIFF-RESPONDENT, v. JOHN R. BURNETT, TOWN CLERK AND TOWN MANAGER OF THE TOWN OF BELLEVILLE, DEFENDANT. G. GEORGE ADDONIZIO, PLAINTIFF-APPELLANT, v. JOHN R. BURNETT, MUNICIPAL CLERK OF THE TOWN OF BELLEVILLE, DEFENDANT-RESPONDENT. ROBERT M. LATERZA AND VINCENT STRUMOLO, PLAINTIFFS-APPELLANTS, v. JOHN R. BURNETT, MUNICIPAL CLERK OF THE TOWN OF BELLEVILLE, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided February 6, 1964.

Attorney(s) appearing for the Case

Mr. Sam Weiss argued the cause for appellants (Messrs. Addonizio, Sisselman, Nitti & Gordon, attorneys; Mr. Weiss, of counsel).

Mr. Emil M. Wulster argued the cause for plaintiff-respondent.

Before Judges GOLDMANN, KILKENNY and COLLESTER.

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

Mayor Robert M. Laterza and Councilmen G. George Addonizio and Vincent Strumolo of Belleville appeal from a judgment of the Law Division directing John R. Burnett, Town Clerk and Town Manager, to notify the said mayor and two councilmen to resign by reason of recall petitions filed with the clerk and, if they do not resign, to fix a date for holding an election...

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