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HERSHCOPF v. LOMENZO

No. 72 Civ. 4689.

350 F.Supp. 156 (1972)

Cathy Rae HERSHCOPF et al., Plaintiffs, v. John R. LOMENZO, in his official capacity as Secretary of State of the State of New York, and Louis J. Lefkowitz, in his official capacity as Attorney General of the State of New York, Defendants.

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

November 6, 1972.

Attorney(s) appearing for the Case

Anne Gross Feldman, New York City, for plaintiffs.

Louis J. Lefkowitz, Atty. Gen. of the State of New York, New York City, for defendants; A. Seth Greenwald, Asst. Atty. Gen., of counsel.

OPINION

EDWARD WEINFELD, District Judge.

This is a class action instituted on the eve of election day by New York State residents, students and others, entitled to vote by absentee ballot. The relief sought is a declaratory judgment that the Secretary of State and the Attorney General of the State of New York direct all boards of elections throughout the state to include in their canvass those absentee ballots received by the county boards of elections by...

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