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McCARTHY v. GARRAHY

Civ. A. No. 76-0449.

460 F.Supp. 1042 (1978)

Eugene J. McCARTHY, Susan A. Carl, Helen H. McNeese, James F. Carpenter, and Margrit E. Dallaire, v. J. Joseph GARRAHY, Governor of the State of Rhode Island and Providence Plantations, and Robert F. Burns, Secretary of State for the State of Rhode Island and Providence Plantations.

United States District Court, D. Rhode Island.

November 13, 1978.

Attorney(s) appearing for the Case

Amato A. DeLuca, American Civil Liberties Union, Warwick, R. I., for plaintiffs.

J. Peter Doherty, Special Asst. Atty. Gen., for the State of Rhode Island, Providence, R. I., for defendants.

OPINION

PETTINE, Chief Judge.

The plaintiffs seek injunctive relief and a declaration that Rhode Island General Law § 17-16-81 is unconstitutional. Because section 17-16-8 requires an independent candidate to collect out of 1000 total petition signatures 25 from each of the five counties in the state, the plaintiffs assert that the section unlawfully deprives and infringes the rights secured to them under Article II, Section...

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