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LEHNER v. O'ROURKE

No. 71 Civ. 549.

339 F.Supp. 309 (1971)

Edward H. LEHNER, Plaintiff, v. Maurice J. O'ROURKE et al., Defendants.

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

November 4, 1971.

Attorney(s) appearing for the Case

Mordecai Rosenfeld, New York City, for plaintiff; Edward H. Lehner, New York City, of counsel.

Louis J. Lefkowitz, Atty. Gen. (Robert S. Hammer, New York City, of counsel), for defendants Louis Lefkowitz and John P. Lomenzo.

J. Lee Rankin, Corp. Counsel, City of New York (Irwin L. Herzog, New York City, of counsel), for defendant Board of Elections.

Peter J. Reilly, New York City, for defendant John J. Walsh.

OPINION

TENNEY, District Judge.

The instant case comes before this Court on motions to dismiss on behalf of all defendants except defendant Duryea pursuant to Fed.R.Civ.P. 12(b) (1) (lack of jurisdiction over the subject matter) and 12(b) (6) (failure to state a claim upon which relief can be granted). The controversy centers around the November 1970 general election for State Assemblyman from the 73rd Assembly District in the County, City and State of New...

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