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MICHAELSON EX REL. LEWIS v. BOOTH

Civ. A. No. 77-0536.

437 F.Supp. 439 (1977)

Julius C. MICHAELSON, Attorney General of the State of Rhode Island and Providence Plantations, ex rel. Rabbi Theodore LEWIS, Rabbi Ely Katz, Saul J. Schweber, Dale G. Blumen, Bella G. Werner, citizens and registered voters of the City of Newport, Rhode Island, on behalf of themselves and other persons similarly situated, v. Allan BOOTH, Mary S. Shea, and Teresa Trifero, Members of the Newport Canvassing Authority, and Robert F. Burns, Secretary of State of the State of Rhode Island and Providence Plantations.

United States District Court, D. Rhode Island.

September 2, 1977.

Attorney(s) appearing for the Case

Allen P. Rubine, Providence, R. I., for plaintiffs.

James S. O'Brien, Jr., Newport, R. I., Maurice W. Hendel, Pawtucket, R. I., for defendants.

OPINION

FRANCIS J. BOYLE, District Judge.

This is an action brought by the Attorney General, State of Rhode Island, as representative of the public to vindicate a public wrong, on relation of five (5) citizens and electors of the City of Newport, State of Rhode Island, in accord with the provisions of 42 U.S.C. Sec. 1983, who seeks declarative and injunctive relief in order to postpone a general municipal election scheduled to be held on September 13, 1977...

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