FITZGERALD v. MATHESIUS


136 N.J. Super. 93 (1975)

344 A.2d 348

HERBERT FITZGERALD, PLAINTIFF, v. WILBUR H. MATHESIUS, ACTING PROSECUTOR OF MERCER COUNTY, DEFENDANT.

Superior Court of New Jersey, Law Division.

Decided April 11, 1975.


Attorney(s) appearing for the Case

Messrs. Lenox, Giordano, Devlin, Delehey & Socey, attorneys for plaintiff (Mr. Charles Delehey appearing).

Mr. Wilbur H. Mathesius, Acting Prosecutor, Mercer County, and William A. Zarling, Assistant Prosecutor, Mercer County, attorneys for defendant.


SCHOCH, A.J.S.C.

This is a matter brought by complaint in lieu of prerogative writs in which plaintiff demands judgment on the first count for an order requiring defendant to delete certain portions of the Manual of Rules and Regulations promulgated by the Office of the Prosecutor of Mercer County, and an order prohibiting the prosecutor from dismissing plaintiff if and when plaintiff files a nominating petition...

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