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GRIFFIN v. BURNS

No. 77-1250.

570 F.2d 1065 (1978)

Lloyd T. GRIFFIN et al., Plaintiffs, Appellees, v. Robert F. BURNS, etc., et al., Defendants, Appellees, Thomas A. McCormick, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided January 19, 1978.

Attorney(s) appearing for the Case

Thomas A. McCormick, pro se.

William Y. Chaika, Providence, R. I., with whom Cohen & Chaika, Providence, R. I., was on brief, for Lloyd T. Griffin, et al., appellees.

Julius C. Michaelson, Atty. Gen. and J. Peter Doherty, Sp. Asst. Atty. Gen., Providence, R. I., on brief, for Robert F. Burns, etc., appellee.

Ronald H. Glantz, Lincoln, R. I., with whom Joseph A. Rotella, Providence, R. I., was on brief, for Providence Board of Canvassers, appellee.

Before COFFIN, Chief Judge, CAMPBELL, Circuit Judge, WOLLENBERG, District Judge.

LEVIN H. CAMPBELL, Circuit Judge.

This appeal, involving difficult issues of constitutional law and federalism, arises from a dispute over the use of absentee and shut-in ballots in a special Democratic primary election held in the Tenth Ward of Providence, Rhode Island, on March 29, 1977. The primary was held to select the Democratic candidate to run in a special election for a vacancy on the Providence City Council. Thomas McCormick, certified winner of the primary...

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