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VANASCO v. SCHWARTZ

No. 74 Civ. 1533 (MAC), No. 74 Civ. 5346 (HFW).

401 F.Supp. 87 (1975)

Roy G. VANASCO and Joseph Ferris, Plaintiffs, v. Arthur H. SCHWARTZ, Individually and in his capacity as Chairman of the New York State Board of Elections, et al., Defendants. Robert I. POSTEL, Plaintiff, v. Arthur H. SCHWARTZ, Individually and in his capacity as Chairman of the New York State Board of Elections, et al., Defendants.

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

As Amended August 4, 1975.

Judgment Affirmed January 12, 1976.

Attorney(s) appearing for the Case

New York Civil Liberties Union, New York City, by Alan H. Levine, Thomas R. Litwack, New York City, of counsel, American Civil Liberties Union, New York City, by Melvin L. Wulf, New York City, of counsel, Paul H. Asofsky, New York City, for plaintiff Roy G. Vanasco and Joseph Ferris.

Brashich, Finley & Postel, New York City, by Deyan Ranko Brashich, New York City, of counsel, for plaintiff Robert I. Postel.

David E. Blabey, Sp. Counsel, Edward R. Patrick, Deputy Counsel, New York State Board of Elections, Albany, N. Y., Guy L. Heinemann, Chief Attorney, New York City, Stanley L. Zalen, Deputy Attorney, New York City, New York State Board of Elections, New York City, for defendants Arthur H. Schwartz, and others.

Before MOORE, Circuit Judge, and COSTANTINO and WERKER, District Judges.

Judgment Affirmed January 12, 1976. See 96 S.Ct. 763.

OPINION

WERKER, District Judge.

The New York State Board of Elections ("Board") was created as part of the recently enacted "New York State Campaigns, elections and procedures law" (N.Y. Election Law § 465 et seq. (McKinney's Consol. Laws, c. 17, Supp. 1974). Pursuant to its authorized powers under § 472 of the Election Law, the Board promulgated a "Fair Campaign Code" ("Code...

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