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ROCKEFELLER v. POWERS

No. 95 CV 4478 (ERK).

909 F.Supp. 863 (1995)

Larry ROCKEFELLER; Holace Moranci; Neil Moranci; Donna Moranci; Mary Parrish; Lugenia Gordon; Helen Dalley; Betsy Webster; Betsy M. Blattmachr; Nancy Burner and Cornelius P. Dugan, Plaintiffs, v. William POWERS, Chairman, New York Republican State Committee; New York Republican State Committee; New York State Board of Elections; Owen T. Smith, Carol Berman, Evelyn J. Aquila, and Helena Moses Donohue, Commissioners, New York State Board of Elections; New York City Board of Elections; Douglas Kellner, Vincent Cuttita, Paul Mejias, Vincent J. Velella, Weyman A. Carey, Ronald J. D'Angelo, Seymour Sheldon, Kathleen Wagner, Gertrude Strohm and Ferdinand Marchi, Commissioners, New York City Board of Elections; Erie County Board of Elections; Roger Blackwell and Ralph Mohr, Commissioners, Erie County Board of Elections; Nassau County Board of Elections; Stephen Sabbeth, Commissioner, Nassau County Board of Elections; Suffolk County Board of Elections; Gerald Edelstein and Gerald Berger, Commissioners, Suffolk County Board of Elections; Monroe County Board of Elections; M. Betsey Relin and Ronald J. Starkweather, Commissioners, Monroe County Board of Elections; National Republican Committee, Defendants.

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

December 13, 1995.

Attorney(s) appearing for the Case

Richard D. Emery, New York City, Burt Neuborne, Democracy Project, Brennan Center for Justice, New York University School of Law, New York City, for plaintiffs.

Lawrence A. Mandelker, Kantor, Davidoff, Wolfe, Rabbino, Mandelker & Kass, P.C., New York City, Joel Graber, Office of Attorney General, State of New York, New York City, Peter S. Kosinski, New York State Board of Elections, Albany, New York, Kevin C. Reilly, Attorney General State of N.Y., New York City, Robert J. Cimino, Suffolk County Attorney by Robert J. Cabble, Ass't. County Attorney, Hauppauge, New York, Nancy Ledy-Gurren, Ledy-Gurren & Blumenstock, L.L.P., New York City, for defendants.

MEMORANDUM

KORMAN, District Judge.

The purpose of this memorandum is to set out in somewhat more detail the reasons I stated on the record on November 27, 1995, for granting a preliminary injunction in this civil rights action brought pursuant to 42 U.S.C. § 1983. Plaintiffs are registered Republican voters residing in the 1st, 3rd, 4th, 10th, 11th, 12th, 14th, 28th, and 29th congressional districts, all of whom intend to vote in the Republican...

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