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PHILLIPS v. ROCKEFELLER

No. 70 Civ. 4827.

321 F.Supp. 516 (1970)

Randolph PHILLIPS, in his own right individually and as Chairman of the Committee for Fair Play for Voters; Ethel Frankel, Nina Phillips and Dr. Samuel J. Phillips in their own right individually and as members of the Committee for Fair Play for Voters, Plaintiffs, v. Nelson A. ROCKEFELLER, Governor of the State of New York, and John P. Lomenzo, Secretary of State of the State of New York, Defendants.

United States District Court, S. D. New York.

December 2, 1970.

Attorney(s) appearing for the Case

Randolph Phillips, pro se.

Bennett Frankel, New York City, for all other plaintiffs.

Louis J. Lefkowitz, Atty. Gen. of N. Y., New York City, by Mark T. Walsh, Asst. Atty. Gen., for defendants.

C. Dickerman Williams, of Baker, Nelson, Williams & Mitchell, for amicus curiae James L. Buckley.

OPINION

EDELSTEIN, District Judge.

Three candidates competed for the office of United States Senator at the general election held in New York on November 3, 1970. Of the total number of votes cast James L. Buckley polled 39 percent, Richard L. Ottinger 37 percent, and Charles E. Goodell 24 percent.1 No candidate received a majority of the total votes cast. This suit, commenced on November 4, 1970, essentially attempts to raise...

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