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MAGILL v. LYNCH

Civ. A. No. 75-267.

400 F.Supp. 84 (1975)

Robert T. MAGILL et al. v. Dennis M. LYNCH et al.

United States District Court, D. Rhode Island.

September 15, 1975.

Attorney(s) appearing for the Case

Sheila Cabral Sousa, Cooperating Atty., R. I. Affiliate of American Civ. Liberties Union, Providence, R. I. for plaintiffs.

Moses Kando, Pawtucket City Sol., Pawtucket, R. I., William F. McMahon, Providence, R. I., for defendants.

OPINION

PETTINE, Chief Judge.

The issue presented by this action is whether municipal employees can constitutionally be prohibited from running for non-partisan elective offices in the city by which they are employed. Plaintiffs Robert T. Magill and Martin Healy are firemen employed by the City of Pawtucket, Rhode Island, and, as residents and voters of Pawtucket, they are candidates for the offices of Mayor of Pawtucket and City Councilman, respectively...

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