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MERLE v. U.S.

Civil Action No. 02-3469(JEI).

217 F.Supp.2d 560 (2002)

Roger MERLE and Green Party State Committee, Inc., Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court, D. New Jersey.

September 5, 2002.

Attorney(s) appearing for the Case

Bruce I. Afran, Princeton, N.J., for Plaintiffs.

Christopher J. Christie, United States Attorney, By: Louis J. Bizzarri, Assistant U.S. Attorney, Newark, N.J., United States Department of Justice, By: Karen Stewart, Attorney, Washington, D.C., for Defendant.

OPINION

IRENAS, District Judge.

Plaintiff Roger Merle, a letter carrier with the United States Postal Service, seeks to run, as a Green Party candidate, for the office of United States Representative. However, as a federal employee, he is prohibited by the terms of the Hatch Act, 5 U.S.C. § 7323(a)(3), et seq., from seeking elective office in a partisan election. Accordingly, Merle has filed this action seeking a declaration that the Hatch Act...

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