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NEW YORK STATE DEMOCRATIC PARTY v. LOMENZO

No. 790, Docket 72-1357.

460 F.2d 250 (1972)

NEW YORK STATE DEMOCRATIC PARTY, by John BURNS, Chairman of the State Committee of the New York Democratic Party, et al., Appellants, v. John P. LOMENZO, as Secretary of State of the State of New York, Appellee, and New York City Board of Elections et al., Defendants.

United States Court of Appeals, Second Circuit.

Decided May 1, 1972.

Attorney(s) appearing for the Case

Jack David, New York City (Philip G. Schrag, Monroe Goldwater, Robert J. Kheel, Paul A. Biddelman, Rene V. Murai, Michael C. Lambert, New York City, on the brief), for appellants.

Irving Galt, Asst. Atty. Gen., State of New York (Louis J. Lefkowitz, Atty. Gen., David R. Spiegel, Asst. Atty. Gen., on the brief), for appellee.

Before WATERMAN, HAYS and FEINBERG, Circuit Judges.

HAYS, Circuit Judge:

Appellants commenced this action against appellee, Secretary of State of the State of New York, seeking an injunction requiring appellee to permit each candidate in the New York Democratic primary election for delegate or alternate delegate to the Democratic National Convention to list next to his name the name of the candidate for president he prefers. Appellants alleged that the refusal to permit a designation of preference on the ballot in...

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