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NEWELL v. TROY

Civ. A. No. 72 C 656.

343 F.Supp. 1253 (1972)

Augusta NEWELL, a duly appointed, qualified and acting Inspector of Elections of the 22 E.D. of the 33 A.D., Queens County, New York and within the Ninth Congressional District on behalf of herself and others similarly situated and James J. Delaney, Plaintiffs v. Matthew J. TROY, Jr., individually and as Chairman of the Executive Committee of the Democratic Party of the County of Queens, State of New York, et al., Defendants.

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

June 8, 1972.

Attorney(s) appearing for the Case

Emanuel Thebner, New York City, for plaintiffs.

Arthur W. Lonschein, Jamaica, N. Y., for defendants Troy and Watkins.

MEMORANDUM AND ORDER

NEAHER, District Judge.

In this action for injunctive relief to remedy alleged violations of the Voting Rights Act, 42 U.S.C. § 1971 et seq., plaintiffs have moved on notice for a "temporary restraining order" and defendants Troy and Watkins have cross-moved to dismiss the complaint for failure to state a claim upon which relief can be granted.

Plaintiffs acknowledge that "this case arises out of a political primary contest...

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