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HARDY v. LOMENZO

No. 72 Civ. 3965.

349 F.Supp. 617 (1972)

Jack G. HARDY and Ralph S. Von Kohorn on behalf of each and on behalf of all others similarly situated, Plaintiffs, v. John P. LOMENZO, Secretary of State of the State of New York, et al., Defendants.

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

On Reargument October 18, 1972.

Attorney(s) appearing for the Case

New York Civil Liberties Union, by Burt Neuborne, New York City, for plaintiffs.

Louis J. Lefkowitz, Atty. Gen., of the State of New York, by A. Seth Greenwald, Asst. Atty. Gen., New York City, for defendants Rockefeller and Lomenzo and pro se.

John J. S. Mead, Westchester County Atty., by John J. Sherlock, Senior Asst. County Atty., White Plains, N. Y., for defendants Van Wart and Hayduk, Commissioners of the Westchester County Board of Elections.

CANNELLA, District Judge.

This matter came originally before the Court on motion of plaintiffs for an order, pursuant to Title 28 U.S.Code Sections 2281 and 2284, convening a statutory three judge court to hear and determine this action or in the alternative for appropriate relief declaring plaintiffs' rights and the defendants' responsibilities herein. On the hearing plaintiffs withdrew the request for a three judge court, and submitted the case to this court with...

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