MRAZEK v. SUFFOLK COUNTY BD. OF ELECTIONS

No. 614, Docket 79-7642.

630 F.2d 890 (1980)

Robert MRAZEK, Rudolph F. X. Migliore, Leslie Fitzpatrick and Grace Holzmacher, Plaintiffs-Appellants, v. SUFFOLK COUNTY BOARD OF ELECTIONS, the Conservative Party of Suffolk County, Louis J. Lefkowitz, Attorney General of the State of New York, James J. Lack, as a candidate of the Conservative Party for Member of State Senate, 2d Senatorial District, County of Suffolk, State of New York, and Robert C. Wertz, as a candidate of the Conservative Party for Member of Assembly, Fourth Assembly District, County of Suffolk, State of New York, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided July 25, 1980.


Attorney(s) appearing for the Case

E. Thomas Boyle, P. C., Smithtown, N.Y., for appellants.

Marian B. Scheuer, Asst. Atty. Gen. of N.Y., New York City (Robert Abrams, Atty. Gen. of N.Y., George D. Zuckerman, Asst. Sol. Gen. of N.Y., New York City, of counsel), for appellee Attorney General of State of New York.

Donald W. Leo, Coram, N.Y., for appellee The Conservative Party of Suffolk County.

Leonard D. Wexler, Smithtown, N.Y., for appellees Lack and Wertz.

Before LUMBARD, MOORE and MESKILL, Circuit Judges.


MESKILL, Circuit Judge:

Appellants herein seek favorable resolution of an issue left undecided in Montano v. Lefkowitz, 575 F.2d 378 (2d Cir. 1978), and determined adversely to them by the court below: that is, whether the "one-person, one-vote" principle is violated when members of a political party residing outside a particular political district are permitted under state law and party charter to participate in the nomination...

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