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BOARD OF ELECTIONS OF CITY OF NEW YORK v. LOMENZO

No. 72 Civ. 3777.

365 F.Supp. 50 (1973)

The BOARD OF ELECTIONS OF the CITY OF NEW YORK et al., Plaintiffs, v. John P. LOMENZO, Secretary of State of the State of New York, Defendant.

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

August 8, 1973.

Attorney(s) appearing for the Case

Norman Redlich, Corp. Counsel, New York City, for plaintiffs Bd. of Elections and named members; Margaret G. Gold, New York City, of counsel.

New York Civil Liberties Union, New York City, for plaintiffs First Vote, Youth Citizenship Fund, Alan Epstein and Richard Johnson; Burt Neuborne, Arthur Eisenberg, New York City, of counsel.

Louis J. Lefkowitz, Atty. Gen., New York City, for defendant; Robert S. Hammer, Asst. Atty. Gen., of counsel.

Before MULLIGAN, Circuit Judge, and TENNEY and POLLACK, District Judges.

OPINION

TENNEY, District Judge.

In the within action plaintiffs, basing jurisdiction upon 42 U.S.C. § 1983 and 28 U.S.C. §§ 2201 et seq. allege that N. Y. Election Law § 355 (McKinney's Consol.Laws, c. 17, Supp.1972),1 which prohibits plaintiffs from conducting volunteer voter registration on Sundays: (a) effects an unconstitutional establishment of religion in violation of the first amendment; (b) prohibits...

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