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DONOHUE v. BOARD OF ELECTIONS OF STATE OF N. Y.

No. 76 C 2142.

435 F.Supp. 957 (1976)

Warren DONOHUE, Sandra Weissman, Valda Bramwell, Roy G. Vanasco, John T. Stewart, Nicholas A. Long, Lyndon LaRouche, the Rockland County Conservative Party, and the Labor Party, Plaintiffs, v. BOARD OF ELECTIONS OF the STATE OF NEW YORK, Board of Elections of the City of New York, Secretary of the State of New York, Betty Dolan, and Hugh Carey, Defendants.

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

December 7, 1976.

Attorney(s) appearing for the Case

David S. Heller, New York City, Heller, Kleinman, Wray, Wagner & Tabakman, New City, N. Y., for plaintiffs; David M. Wagner, New City, N. Y., of counsel.

W. Bernard Richland, Corp. Counsel for the City of New York, New York City, for defendant Bd. of Elections for the City of New York; Mark Schwartz, of counsel.

David E. Blabey, Sp. Counsel, New York City, Edward R. Patrick, Deputy Counsel, Albany, N. Y., for defendant New York State Bd. of Elections.

Louis J. Lefkowitz, Atty. Gen. of the State of New York, New York City, for defendants Hon. Hugh Carey, Governor of the State of New York, and the Secretary of State of the State of New York; A. Seth Greenwald, New York City, of counsel.

Memorandum of Decision and Order

MISHLER, Chief Judge.

Plaintiffs, who include Republican and Conservative Party supporters of President Ford, and members of the Labor Party, bring this action pursuant to 42 U.S.C. §§ 1983, 1985(3) and 19881 seeking an order: (1) enjoining the Secretary of the State of New York and the Governor from certifying the Democratic Presidential...

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