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CAMPION v. BYRNE

175 N.J. Super. 524 (1980)

420 A.2d 1028

MICHAEL CAMPION ET AL., PLAINTIFFS-APPELLANTS, v. BRENDAN BYRNE ET AL., DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided September 25, 1980.

Attorney(s) appearing for the Case

Stephen Eisdorfer argued the cause for appellants (Stephen Eisdorfer and Judith Smith Esmay, attorneys).

Mary Ann Burgess, Deputy Attorney General, argued the cause for respondents (John J. Degnan, Attorney General, attorney; Stephen Skillman, Assistant Attorney General, of counsel).

Before Judges ALLCORN, KOLE and PRESSLER.

PER CURIAM.

N.J.S.A. 18A:4-21 provides that the Commissioner of Education shall be appointed by the Governor with the advice and consent of the Senate. Plaintiffs challenged the validity of this provision, claiming that it violates N.J.Const. (1947), Art. V, § IV, par. 4, which they construe as reposing the appointment power exclusively in the State Board of Education. The trial court granted summary...

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