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BILLINGTON v. HAYDUK

No. 77 Civ. 4380.

439 F.Supp. 975 (1977)

Michael O. BILLINGTON, Plaintiff, v. Albert HAYDUK and Joseph McNamara, as Commissioners of the Board of Elections, Westchester County, William Bruns and Marianne Oldi, as Deputy Commissioners of the Board of Elections, Westchester County, and Francis A. Nicolai, Defendants.

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

October 27, 1977.

Attorney(s) appearing for the Case

Jeremiah S. Gutman, Levy, Gutman, Goldberg & Kaplan, New York City, Westchester Civil Liberties Union, for plaintiff.

David N. Brainin, Westchester County Atty., White Plains, N.Y., for defendants Hayduk, McNamara, Bruns and Oldi; Jonathan Lovett, Deputy County Atty., Lester Steinman, Asst. County Atty., of counsel.

OPINION AND ORDER

KEVIN THOMAS DUFFY, District Judge.

This action challenges the constitutional validity of Article III, Section 15 of the Westchester County Charter ("the Charter") insofar as it requires that "[t]he county executive shall at all times be a qualified elector of [Westchester] county, and shall have been a resident freeholder of the county for at least five years prior to his election." Plaintiff is the United States Labor Party nominee for...

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