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STONE, ET AL. v. WYCKOFF, ET AL.

102 N.J. Super. 26 (1968)

245 A.2d 215

KENNETH E. STONE; LOTTA C. BURKE; DAVID L. STOKES; AND M. GLORIA JANWICH, PLAINTIFFS-RESPONDENTS, v. FLOYD WYCKOFF, TOWNSHIP CLERK OF THE TOWNSHIP OF MARLBORO; GEORGE E. CREEVY AND ALFRED L. STORER, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Remanded June 20, 1968.

Decided July 16, 1968.

Attorney(s) appearing for the Case

Mr. Milton Kosene, argued the cause for appellant Floyd Wyckoff.

Mr. Herbert B. Bierman, argued the cause for appellants George E. Creevy and Alfred L. Storer.

Mr. James R. Minogue, argued the cause for respondents.

Before Judges CONFORD, LABRECQUE and HALPERN.

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

This is an action in lieu of prerogative writs by four citizens of Marlboro to compel the township clerk to call for a recall election in respect of the two defendant-councilmen, pursuant to N.J.S.A. 40:69A-169 et seq. Defendants resisted the complaint in the Law Division on grounds of fraud in the preparation, and insufficiency of the recall petitions in various respects. Certain constitutional...

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