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CLARK v. ROSE

No. 74 Civ. 2598 HRT.

379 F.Supp. 73 (1974)

Ramsey CLARK and Chandra Carr, Plaintiffs, v. Alex ROSE et al., Defendants.

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

July 29, 1974.

Attorney(s) appearing for the Case

Lawrence W. Schilling, New York City, for plaintiffs.

Herzfeld & Rubin, P. C., by Herbert Rubin and Edward L. Birnbaum, New York City, for defendants Alex Rose, Donald Szantho Harrington, The Liberal Party, The State Executive Committee.

Trubin, Sillcocks, Edelman & Knapp by Ross Sandler, New York City, for defendant Jacob K. Javits.

Louis J. Lefkowitz, Atty. Gen. of N. Y., by Daniel M. Cohen, New York City, for defendants Arthur H. Schwartz, Remo J. Acito, William H. McKeon and Donald Rettaliata as members of the State Board of Elections.

Thomas J. Spargo, Albany, N. Y., for amicus curiae, Republican State Committee.

Before MANSFIELD, Circuit Judge, and TYLER and BRIEANT, District Judges.

OPINION

TYLER, District Judge.

On July 11, 1974, a three-judge court was convened pursuant to 28 U.S.C. §§ 2281 and 2284, to consider the constitutionality of the Wilson-Pakula Law, New York Election Law § 137 (McKinney's Consol.Laws 1964, c. 17, 1973-74 Supp.)1 (the "statute"), which provides that a person who is not a member of a political party may not receive that party's nomination or run in its primary unless...

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