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BEATTY v. ESPOSITO

No. 75C 1828.

411 F.Supp. 107 (1976)

Vander L. BEATTY and Samuel D. Wright, Plaintiffs, v. Amadeo ESPOSITO, as Chairman of the Executive Committee of the Democratic County Committee of Kings County, et al., Defendants.

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

March 26, 1976.

Attorney(s) appearing for the Case

Harry R. Pollak, New York City, for plaintiffs.

Harold L. Fisher, Brooklyn, N.Y., for defendants Esposito and Golden.

W. Bernard Richland, Corp. Counsel, New York City, by Robert M. Katz, Asst. Corp. Counsel, Flushing, N.Y., for defendant Bd. of Elections.

MEMORANDUM

PLATT, District Judge.

Defendants have moved to dismiss this action on the ground that this Court lacks jurisdiction over the subject matter thereof because:

"a) it appears on the face of the complaint that the alleged claim does not arise under Title 42, Sections 1971, 1973(c) and 1973(k) of the United States Code; "b) the complaint fails to show the existence of an actual justiciable controversy or to raise a substantial federal...

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