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CITY OF NEWARK v. BENJAMIN

144 N.J. Super. 58 (1976)

364 A.2d 563

CITY OF NEWARK, JESSE L. ALLEN, MICHAEL P. BOTTONE, ANTHONY CARRINO, ANTHONY J. GIULIANO, EARL HARRIS, SHARPE JAMES, HENRY MARTINEZ, DONALD TUCKER AND MARIE L. VILLANI, INDIVIDUALLY AND AS THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, AND FRANK D'ASCENSIO, CITY CLERK, PLAINTIFFS, v. JAMES BENJAMIN, COYT L. JONES, GEORGE JONES, CARL L. GREGORY AND WILBUR McNEIL, INDIVIDUALLY, AND AS THE COMMITTEE OF PETITIONERS, DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided September 1, 1976.

Attorney(s) appearing for the Case

Mr. Milton A. Buck, attorney for plaintiffs (Mr. Salvatore Perillo, First Assistant Corporation Counsel, appearing).

Mr. Bernard K. Freamon, attorney for defendants.

YANOFF, J.C.C., Temporarily Assigned.

The history of the inception of this litigation is contained in D'Ascensio v. Benjamin, 137 N.J.Super. 155 (Ch. 1975) aff'd with modification 142 N.J.Super. 52 (App. Div. 1976). A notice of petition and petition for certification have been filed by the plaintiff-appellant in that case and are now pending before the Supreme Court. However...

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