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ROMAN v. SHARPER

53 N.J. 338 (1969)

250 A.2d 745

WALTER ROMAN, PLAINTIFF-RESPONDENT, v. HORACE P. SHARPER, INTERVENOR-APPELLANT, v. HARRY REICHENSTEIN, CITY CLERK OF THE CITY OF NEWARK, NEW JERSEY, AND CITY OF NEWARK, NEW JERSEY, A MUNICIPAL CORPORATION, DEFENDANTS.

The Supreme Court of New Jersey.

Decided March 5, 1969.

Attorney(s) appearing for the Case

Mr. Joel L. Leibowitz argued the cause for appellant (Mr. Edward S. Snyder, on the brief; Messrs. Rudd, Ackerman and Breitkopf, attorneys).

Mr. David Friedland argued the cause for respondent Roman (Messrs. Friedland, Schneider and Friedland, attorneys).

Mr. Anthony J. Iuliani argued the cause for the City Clerk.

Mrs. Rita L. Bender submitted a brief on behalf of Community Legal Action Workshop of the Roger Baldwin Foundation of the American Civil Liberties Union of New Jersey, amicus curiae (Mr. Stephen M. Nagler, of counsel).

Mr. Robert Tessler submitted a brief on behalf of intervenor Leon Ewing (Messrs. Yankowitz and Tessler, attorneys).

The opinion of the court was delivered PER CURIAM.

A petition for the recall of the councilman elected from the South Ward of the City of Newark was filed with the City Clerk, who, finding the petition sufficient, notified the incumbent that a recall election would be scheduled. This suit was brought to restrain the election. The trial court gave judgment for plaintiff upon the ground that the signatures were insufficient...

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