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MATTER OF McMANUS v. DeSAPIO

5 N.Y.2d 773 (1958)

In the Matter of John T. McManus et al., Respondents, v. Carmine G. DeSapio, as Secretary of State, et al., Appellants.

Court of Appeals of the State of New York.

Decided October 24, 1958.

Attorney(s) appearing for the Case

Abraham J. Gellinoff for appellants.

David M. Freedman and Morris Zuckman for respondents.

Concur: Chief Judge CONWAY and Judges DYE, FULD, FROESSEL and VAN VOORHIS. Judges BURKE and McGIVERN dissent and vote to reverse upon the authority of Matter of Anderson v. Power (, affd. ), Matter of Marcatante v. Lundy (, revd. on dissenting memorandum below ), Matter of Warsoff v. Cohen (289 N.Y. 108), Matter of Connors v. Messina (), and Matter of Bailey v. Power ().

Order affirmed...

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