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MOSKOWITZ v. GROGAN

(Docket Nos. A-1257-67, A-1213-67).

101 N.J. Super. 111 (1968)

243 A.2d 280

JESSE MOSKOWITZ, ET AL., PLAINTIFFS-RESPONDENTS, v. JOHN J. GROGAN, ET AL., DEFENDANTS-APPELLANTS. C. WILLARD HECKEL, ET AL., PLAINTIFFS-APPELLANTS, v. NICHOLAS V. CAPUTO, INDIVIDUALLY AND AS COUNTY CERK OF ESSEX COUNTY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided May 13, 1968.

Attorney(s) appearing for the Case

Mr. Jesse Moskowitz argued the cause for the Hudson County McCarthy ticket; Mr. Daniel F. Gilmore, Assistant County Counsel, argued the cause for John J. Grogan, Clerk of Hudson County, (Mr. William F. Kelly, Jr., County Counsel, attorney; Mr. Robert H. Wall, Assistant County Counsel, on the brief).

Messrs. Lawrence Lerner and William Rossmoore argued the cause for the Essex County McCarthy ticket; Mr. Adrian M. Foley, Jr. argued the matter for the regular Democratic ticket (Messrs. Pindar, McElroy, Connell & Foley, attorneys); Mr. Irwin I. Kimmelman, County Counsel, argued the cause for Nicholas V. Caputo.

Mr. Frank J. Cuccio, County Counsel of Bergen County, appeared amicus curiae.

Before Judges GAULKIN, LEWIS and KOLOVSKY.

PER CURIAM.

These cases were consolidated for argument because they involved common questions of law and, to a considerable extent, of fact. Since they affected the primary election to be held on June 4 we decided them orally from the Bench. This opinion is filed to make a record of those decisions.

I

MOSKOWITZ V. GROGAN

Without a drawing, Hudson County Clerk Grogan made the following assignment...

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