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RAMEY v. ROCKEFELLER

Civ. Nos. 71-C-1282, 71-C-964.

348 F.Supp. 780 (1972)

Russell William RAMEY, and Robert Cohen, on behalf of each and on behalf of all others similarly situated, Plaintiffs, v. Nelson ROCKEFELLER, Governor of the State of New York, et al., Defendants. Toby GUTWILL, on behalf of herself and all others similarly situated, and Richard Yolken, on behalf of himself and others similarly situated, Plaintiffs, v. Nelson ROCKEFELLER, Governor of the State of New York, et al., Defendants.

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

October 3, 1972.

Attorney(s) appearing for the Case

Burt Neuborne, New York City (Bruce J. Ennis and Arthur Eisenberg, New York Civil Liberties Union, New York City, of counsel), for plaintiffs Ramey and Cohen.

Seymour Friedman, Brooklyn, N. Y., for plaintiffs Gutwill and Yolken.

A. Seth Greenwald, Asst. Atty. Gen. (Louis J. Lefkowitz, Atty. Gen. of the State of New York and Samuel A. Hirshowitz, First Asst. Atty. Gen., New York City, of counsel), for defendants Nelson Rockefeller and John P. Lomenzo.

Melvyn Tanenbaum, Asst. County Atty. (George W. Percy, Jr., County Atty., Suffolk County, Riverhead, N. Y., of counsel), for defendants Everett F. McNabb, Frank Coveney and Suffolk County Board of Elections.

Before FRIENDLY, Chief Circuit Judge, MISHLER, Chief District Judge, and BARTELS, District Judge.

FRIENDLY, Chief Circuit Judge:

We deal here with two complaints filed in August and September, 1971, by students living in dormitories at the State University of New York, at Stony Brook, Suffolk County, Long Island. The complaints, both seeking designation as class actions, ask for an injunction against the enforcement and a declaration of the unconstitutionality of § 151 of the New York Election Law, McKinney's Consol.Laws, c. 100, which we reproduce in the...

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