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POWELL v. POWER

No. 505, Docket 35671.

436 F.2d 84 (1970)

Adam Clayton POWELL, Esther McCall, John W. Duncan, Robbie Clark, Martha P. Anderson, and Joseph Steele, suing for themselves and in behalf of all others similarly situated, Plaintiffs-Appellants, v. James M. POWER, Thomas Mallee, Maurice O'Rourke, and J. J. Duberstein, constituting the Board of Elections of the City of New York, and Charles B. Rangel, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided December 23, 1970.

Attorney(s) appearing for the Case

Henry R. Williams, New York City, for plaintiffs-appellants.

Harold Fisher, Brooklyn, N. Y., for defendants-appellees.

Before MOORE, KAUFMAN and HAYS, Circuit Judges.

IRVING R. KAUFMAN, Circuit Judge:

Six voters in a Congressional primary election seek a federal remedy for errors committed by state election officials in permitting a number of individuals to cast ballots who under state law were not qualified to vote. The Voting Rights Act of 1965 and the Civil Rights Act of 1871, 42 U.S.C. § 1983, are said to authorize the federal courts to remedy such unintended irregularities. Finding no warrant for the plaintiffs' novel...

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