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SCHUNDLER v. DONOVAN

872 A.2d 1092 (2005)

377 N.J. Super. 339

Bret SCHUNDLER, Diane Sank, and Bret2005, Plaintiffs-Appellants, v. Kathleen DONOVAN, Bergen County Clerk Defendant-Respondent. Bret Schundler, Richard Bradford, and Bret2005, Plaintiffs-Appellants, v. James Hogan, Gloucester County Clerk Defendant-Respondent. Forrester for Governor, Inc., and Douglas Forrester, Individually, Plaintiffs-Appellants, v. Kathleen Donovan, Clerk of the County of Bergen, Peter Harvey, Attorney General, State of New Jersey, Todd Caliguire, Paul DiGaetano, Steve Lonegan, John Murphy, and Robert Schroeder, Defendants-Respondents, and Brett Schundler, Defendant-Respondent/Cross-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided May 5, 2005.

Attorney(s) appearing for the Case

Maciag Law, Howes & Howes, Raritan and Barry McTiernan & Moore, Jersey City, attorneys for appellant-respondent/cross-appellant Schundler, and appellants Bradford, Bret2005 and Sank (Thaddeus R. Maciag, Sommerville, W. Timothy Howes, Raritan and Sean M. Connelly, of counsel and on the joint brief).

Graham, Curtin & Sheridan, Morristown, attorneys for appellants Forrester for Governor, Inc. and Forrester individually (Peter G. Sheridan, of counsel and on the brief).

Carbone and Faasse, attorneys for respondents Donovan and Hogan (John M. Carbone, Hackensack, on the letter brief).

Piro, Zinna, Cifelli, Paris & Genitempo, attorneys for respondent DiGaetano (Ernest P. Fronzuto, Nutley, on the brief).

Steven S. Polinsky, East Brunswick, attorney for respondent Lonegan.

Edwards & Caldwell, Hawthorne, attorneys for respondent Murphy (Douglas F. Doyle and John A. Stone, on the brief).

Before Judges KESTIN and LEFELT.

The opinion of the court was delivered by

KESTIN, P.J.A.D.

On May 3, 2005, acting upon emergent applications for summary disposition of these appeals involving ballot placement in the June 7, 2005 Republican primary, we entered an order vacating the trial court's order dismissing the complaints. Our order required the county clerks involved to redraw for ballot positions. The order stated:

In the circumstances presented, given the practical limitations...

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