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ROSARIO v. ROCKEFELLER

Nos. 632, 633, Dockets 72-1182, 72-1183.

458 F.2d 649 (1972)

Pedro J. ROSARIO et al., Plaintiffs-Appellees, v. Nelson ROCKEFELLER, Governor of the State of New York, John P. Lomenzo, Secretary of State of the State of New York, Defendants-Appellants, Maurice J. O'Rourke et al., Defendants. Steven EISNER, on his own behalf and on behalf of all others similarly situated, Plaintiffs-Appellees, v. Nelson ROCKEFELLER, Governor of the State of New York, et al., Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided April 7, 1972.

Certiorari Granted May 30, 1972.

Attorney(s) appearing for the Case

Seymour Friedman, Brooklyn, N. Y., for plaintiffs-appellees Pedro J. Rosario, William J. Freedman and Karen Lee Gottesman, and others.

A. Seth Greenwald, Asst. Atty. Gen., Samuel A. Hirshowitz, First Asst. Atty. Gen. (Louis J. Lefkowitz, Atty. Gen., of N. Y., and Irving Galt, New York City, on the brief), for defendants-appellants Nelson Rockefeller and John P. Lomenzo and pro se pursuant to New York Executive Law § 71.

Burt Neuborne, New York Civil Liberties Union, New York City (Arthur Eisenberg, New York City, on the brief), for plaintiffs-appellees Steven Eisner, and others.

J. Kemp Hannon, Mineola, N. Y. (Joseph Jaspan, County Atty. of Nassau County, Mineola, N. Y., on the brief), for defendants-appellants William D. Meissner and Marvin D. Christenfeld.

Before LUMBARD, MANSFIELD and MULLIGAN, Circuit Judges.

Certiorari Granted May 30, 1972. See 92 S.Ct. 2062.

LUMBARD, Circuit Judge:

Defendants below, New York State officials charged with enforcing section 186 of the New York Election Law which provides that voters in primary elections must have been enrolled in the party prior to the previous general election, appeal from Chief Judge Mishler's decision in the Eastern District declaring section 186 unconstitutional as a violation of plaintiffs' rights under the...

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