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TP. OF BRICK ET ALS. v. SPIVAK ET ALS.,

95 N.J. Super. 401 (1967)

231 A.2d 380

TOWNSHIP OF BRICK, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, CHARLES C. GASKILL, WALTER J. McGEE, AGNES M. DECKER, AND ROY H. ISAACS, PLAINTIFFS-RESPONDENTS, v. WILLIAM SPIVAK, RONALD W. JONES, CHARLES H. MURDTER, AND ALFRED L. BROGAN, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided June 12, 1967.

Attorney(s) appearing for the Case

Mr. Harold A. Schuman argued the cause for appellants (Messrs. Haines, Schuman & Butz, attorneys).

Mr. Ellsworth J. Sterner argued the cause for respondents.

Before Judges GOLDMANN, KILKENNY and COLLESTER.

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

Township of Brick and the four individual plaintiffs, who had been among the 26 candidates running for the seven councilman-at-large seats at the regular municipal election on May 9, 1967 and who had placed 8th, 9th, 10th and 11th in the balloting, brought a declaratory judgment action in the Law Division and thereby sought an adjudication that there must be a run-off election under N.J.S.A. 40:69A...

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