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BIENER v. CALIO

No. 03-1607.

361 F.3d 206 (2004)

Steven BIENER; Carol Greenway, Appellants v. Frank CALIO, The Honorable, State Election Commissioner; Democratic Party of the State of Delaware.

United States Court of Appeals, Third Circuit.

March 19, 2004.

Attorney(s) appearing for the Case

Leslie G. Bohner, Drinker Biddle & Reath, Philadelphia, Charles H. Wampold, III, (Argued), Drinker, Biddle & Shanley, Princeton, for Appellants.

C. Drue Chichi, (Argued), Aleph Ann Woolfold, Department of Justice, Wilmington, for Appellee, The Honorable Frank Calio.

Charles J. Durante, (Argued), Connolly, Bove, Lodge & Hutz, Wilmington, for Appellee, Democratic Party DE.

Bonita P. Tenneriello, National Voting Rights Institute, Boston, for Amicus-Appellant.

Before SCIRICA, Chief Judge, NYGAARD, and AMBRO, Circuit Judges.

OPINION OF THE COURT

NYGAARD, Circuit Judge.

Appellant Steven Biener, a Delaware citizen who sought nomination as the Democratic Party's candidate for the United States House of Representatives ("the House"), appeals the District Court's grant of summary judgment against him. Biener and Carol Greenway, a registered voter who is a Biener supporter, sued the Democratic Party of the State of Delaware ("the Party") and Frank Calio, Delaware's state commissioner...

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