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BERMAN v. BOARD OF ELECTIONS, CITY OF NEW YORK

No. 114, Docket 33653.

420 F.2d 684 (1969)

Morris BERMAN, LL.B., Plaintiff-Appellant, v. BOARD OF ELECTIONS, CITY OF NEW YORK, Louis J. Lefkowitz, Attorney General, and Nelson A. Rockefeller, Governor, Defendants-Appellees.

United States Court of Appeals Second Circuit.

Decided December 15, 1969.

Attorney(s) appearing for the Case

Morris Berman, LL.B., pro se.

Robert T. Hartmann, New York, N. Y. (J. Lee Rankin, Corp. Counsel, Stanley Buchsbaum, Brooklyn, and James Nespole, New York, N. Y., on the brief), for Board of Elections of the City of New York.

Joel H. Sachs, Asst. Atty. Gen., State of New York (Louis J. Lefkowitz, Atty. Gen., Samuel A. Hirshowitz, First Asst. Atty. Gen., and James J. Fishman, Deputy Asst. Atty. Gen., State of New York, on the brief), for Louis J. Lefkowitz and Nelson A. Rockefeller.

Leo Pfeffer and Joseph B. Robinson, New York, N. Y., on the amicus curiae brief of American Jewish Congress.

Before LUMBARD, Chief Judge, ANDERSON, Circuit Judge, and BRYAN, District Judge.

PER CURIAM.

In the general election of 1968 the New York City Board of Elections, in accordance with the duties and powers granted to it under §§ 64 and 66(1) of the New York Election Law, McKinney's Consol.Laws, c. 17, designated St. George's Ukranian Catholic Church building as the polling place in the plaintiff-appellant Berman's voting district. As a member of the Orthodox Jewish faith, it was not possible for him to enter a non-Jewish house of worship...

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