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MILLER v. DANIELS

No. 80 Civ. 7082.

509 F.Supp. 400 (1981)

George W. MILLER, in his own behalf and in the behalf of others similarly situated, Plaintiff, v. Geraldine DANIELS, John Davis, Charles Gadsden and Frank X. Gargiulo, James F. Bass, Robert S. Black, Hector Diaz, Matteo Lumetta, Joseph J. Previte, Martin Richards, Alice Sachs, Anthony Sadowski, and Salvatore Sclafani, Commissioner of Elections of the City of New York in their capacity as the Board of Elections in the City of New York, Defendants.

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

March 2, 1981.

Attorney(s) appearing for the Case

Jeff L. Greenup, Fred L. Wallace, Percy L. Lambert, Hudson H. Reid, New York City, for plaintiff.

Allen G. Schwartz, Corp. Counsel, City of New York, Patrick F. X. Mulhearn, Asst. Corp. Counsel, New York City, for defendant Board of Elections.

Saul Rudes, New York City, for defendant Daniels.

John S. Martin, Jr., U. S. Atty., Richard N. Papper, Asst. U. S. Atty., Southern District of New York, New York City, Gerald W. Jones, John MacCoon, Sheila K. Delaney, Samuel D. Reyes, U. S. Dept. of Justice, Civil Rights Division Voting Section, Washington, D. C., for United States as amicus curiae.

SOFAER, District Judge:

Plaintiff George W. Miller was an unsuccessful candidate for the assembly seat in New York's 71st Assembly District ("the district"). Dissatisfied with the manner in which the Board of Elections conducted the primary and general elections, and denied relief by the courts of New York, plaintiff alleges various violations of the Voting Rights Act of 1965, 42 U.S.C. §§ 1971 to 1973bb-4 ("the Act"), and of other federal statutory and...

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