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RIGHT TO LIFE PARTY v. ROCKEFELLER

No. 70 Civ. 4532.

319 F.Supp. 642 (1970)

RIGHT TO LIFE PARTY, Jane I. Gilroy and Marcia E. Pilsner, Plaintiffs, v. Nelson A. ROCKEFELLER, Governor of the State of New York, John P. Lomenzo, Secretary of State of the State of New York, Louis J. Lefkowitz, Attorney General of the State of New York, and Morris Zuckman, Defendants.

United States District Court, S. D. New York.

October 27, 1970.

Attorney(s) appearing for the Case

Eugene J. McMahon, Richmond Hill, N. Y., for plaintiffs.

Louis J. Lefkowitz, Atty. Gen. of the State of New York, for defendant Attorney General, by Mark T. Walsh, Asst. Atty. Gen., New York City.

MANSFIELD, District Judge.

In this action based on 42 U.S.C. § 1983 and 28 U.S.C. §§ 1331 and 1343(3) the Right to Life Party and its intended candidates for Governor and Lieutenant Governor of New York State seek to reverse the decision of the New York Secretary of State excluding them from the ballot in the November elections. For reasons set forth below, we hold that plaintiffs have failed to state a claim on which relief can be granted, and the...

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