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BISHOP v. LOMENZO

No. 72 Civ. 1088.

350 F.Supp. 576 (1972)

Leah N. BISHOP, on her own behalf and on behalf of all others similarly situated, namely, qualified voters wishing to register to vote in the forthcoming presidential election during the month of September, et al., Plaintiffs, v. John P. LOMENZO, Secretary of State of the State of New York, et al., Defendants.

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

September 7, 1972.

Attorney(s) appearing for the Case

Burt Neuborne, Arthur Eisenberg, Mervin Rosenman, New York City, for plaintiffs.

Louis J. Lefkowitz, Atty. Gen. of New York, New York City, for defendants Rockefeller and Lomenzo; George D. Zuckerman, Asst. Atty. Gen., of counsel.

Joseph Jaspan, County Atty., Nassau County, Mineola, N. Y., for defendants Meisser and Cristenfeld; J. Kemp Hannon, Mineola, N. Y., of counsel.

Norman Redlich, Corp. Counsel, New York City, for defendants Dinkins, Martinez, Duberstein and Larkin; Elliot P. Hoffman, Asst. Corp. Counsel, of counsel.

Before MANSFIELD, Circuit Judge, and BARTELS and DOOLING, District Judges.

MANSFIELD, Circuit Judge.

This suit, instituted under the federal civil rights law, 42 U.S.C. § 1983, asks us to declare § 355 of the New York Election Law,1 McKinney's Consol.Laws, c. 17 unconstitutional and to enjoin its enforcement, when read with § 354,2 § 355 would have the effect of barring registration of qualified voters during a period...

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