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CUNNINGHAM v. BRONX CTY. DEMOCRATIC EXEC. COMMITTEE

No. 76 Civ. 1699 (CHT).

420 F.Supp. 1004 (1976)

Patrick J. CUNNINGHAM, Plaintiff, v. BRONX COUNTY DEMOCRATIC EXECUTIVE COMMITTEE et al., Defendants.

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

Probable Jurisdiction Noted October 18, 1976.

Attorney(s) appearing for the Case

Williams, Connolly & Califano by Edward Bennett Williams, Harold Ungar, Washington, D. C., Gregory J. Perrin, New York City, for plaintiff.

Farber, Raucher & Goldberg by David N. Raucher, New York City, for defendant Bronx County Democratic Executive Committee.

Melvin L. Schweitzer, New York City, for defendant New York State Democratic Committee.

Louis J. Lefkowitz, Atty. Gen. of State of New York, by Irving Galt, Lee Miller, Mark C. Rutzick, Asst. Attys. Gen., New York City, for defendant Louis J. Lefkowitz, Atty. Gen.

Burt Neuborne, Arthur Eisenberg, New York Civil Liberties Union, New York City, for amicus curiae.

Before KAUFMAN, Chief Judge, MANSFIELD, Circuit Judge, and TENNEY, District Judge.

Probable Jurisdiction Noted October 18, 1976. See 97 S.Ct. 252.

OPINION

TENNEY, District Judge.

Plaintiff Cunningham, a member and the duly elected chairman of the Bronx County Democratic Executive Committee ("the County Committee"), and a member of the Executive Committee and chairman of the New York State Democratic Committee ("the State Committee"), has instituted this action for a preliminary and permanent injunction and declaratory judgment...

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