VALENTI v. ROCKEFELLER

Civ. A. No. 1968-224, W.D.N.Y. Nos. 68 Civ. 2942, 68 Civ. 2988, S.D.N.Y.

292 F.Supp. 851 (1968)

Joseph A. VALENTI, Pittsford, New York, for himself and for all persons similarly situated, Plaintiff, v. Nelson A. ROCKEFELLER, Governor of the State of New York, Albany, New York; and John P. Lomenzo, Secretary of State of the State of New York, Albany, New York, Defendants. Randolph PHILLIPS, Nina Phillips, Samuel J. Phillips, Patricia N. Berman and Elizabeth Bobrick, in their own right individually and as members of The Committee for Fair Play for Voters, Plaintiffs, v. Nelson A. ROCKEFELLER, Governor of the State of New York; and John P. Lomenzo, Secretary of State of the State of New York, Defendants. George BACKER, Individually and on behalf of the Citizens, Residents and Voters of the State of New York, Plaintiffs, v. Nelson A. ROCKEFELLER, Governor of the State of New York, Defendant.

United States District Court.

Judgment Affirmed January 20, 1969.


Attorney(s) appearing for the Case

Robert L. Bobrick, New York City, for plaintiffs, Randolph Phillips, and others.

Jerome M. Kay, New York City, for plaintiff, George Backer.

John Manning Regan, Hogan & Regan, Rochester, N. Y., for plaintiff, Joseph A. Valenti.

Ruth Kessler Toch, Sol. Gen., and Jean M. Coon, Asst. Atty. Gen., of counsel, Louis J. Lefkowitz, Atty. Gen., of the State of New York, for defendants.

Before LUMBARD, Chief Circuit Judge, HENDERSON, Chief District Judge and FRANKEL, District Judge.


Judgment Affirmed January 20, 1969. See 89 S.Ct. 689, 693.

Three suits for an injunction and a declaration that the Seventeenth Amendment to the United States Constitution requires that the vacancy in the United States Senate created on June 6, 1968, by the death of Senator Robert F. Kennedy, be filled by election in November, 1968, rather than in November, 1970, as required by New York Election Law, McKinney's Consol...

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