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JONES v. FALCEY

88 N.J. Super. 273 (1965)

212 A.2d 40

LESTER C. JONES, GLENN T. HOFFMAN AND H. MILTON FLITCRAFT, PLAINTIFFS, v. ROBERT M. FALCEY, ACTING SECRETARY OF STATE OF THE STATE OF NEW JERSEY, ARTHUR J. SILLS, ATTORNEY GENERAL OF THE STATE OF NEW JERSEY, CHARLES W. SANDMAN, JR., PRESIDENT OF THE SENATE OF THE LEGISLATURE OF NEW JERSEY, AND MARION W. HIGGINS, SPEAKER OF THE GENERAL ASSEMBLY OF THE LEGISLATURE OF NEW JERSEY, DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided June 25, 1965.

Attorney(s) appearing for the Case

Mr. W. Louis Bossle for plaintiffs Lester C. Jones, Glenn T. Hoffman and H. Milton Flitcraft.

Mr. Alan B. Handler, First Assistant Attorney General, for defendants Robert M. Falcey, Acting Secretary of State of the State of New Jersey, and Arthur J. Sills, Attorney General of the State of New Jersey.

Mr. Vincent P. Biunno for defendant Charles W. Sandman, Jr., President of the Senate of the Legislature of New Jersey (Messrs. Lum, Biunno & Tompkins, attorneys).

Mr. Sidney P. McCord, Jr. for defendant Marion West Higgins, Speaker of the General Assembly of the Legislature of New Jersey (Messrs. McCord, Farrell, Eynon & Munyon, attorneys).

WICK, J.S.C.

In this action the court is requested to declare that the present apportionment of the congressional districts under N.J.S.A. 19:46-1 is unconstitutional and invalid. Plaintiffs also seek an order restraining and enjoining defendants from conducting primary and general elections under the existing scheme, and commanding and enjoining defendants to reapportion the congressional districts of the State...

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