MUSTO ET AL. v. LEONE, ET AL.


60 N.J. 298 (1972)

288 A.2d 569

WILLIAM V. MUSTO, ET AL., PLAINTIFFS-RESPONDENTS, v. PETER A. LEONE, ACTING CITY CLERK OF THE CITY OF UNION CITY, ET AL., DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided March 20, 1972.


Attorney(s) appearing for the Case

Mr. Victor P. Mullica argued the cause for appellant.

Mr. George J. Kaplan argued the cause for respondents.


PER CURIAM.

This case involves a recall of the five commissioners of the City of Union City. Pursuant to N.J.S.A. 40:75-34 each incumbent filed a petition that the recall question be placed upon the ballot. Under the statute, the ensuing election would call (1) for a separate vote as to whether each incumbent should be recalled and (2) for the election of successors for such of the incumbents as may be recalled. The voters thus vote upon successors although...

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