Stephen BERGER, Rita J. Brody, Robert King, Jr., Marsilia A. Boyle, Catherine C. Stanton, Carol Brownell, Ora Garrett, Julia McDonald, Shari Goldberg, Delores Woodard, and Ralph Annina, Plaintiffs,
v.
Remo J. ACITO, Stephen May, Donald A. Rettaliata, William H. McKeon, Commissioners of the State Board of Elections and Hugh L. Carey, Governor of the State of New York, and Louis J. Lefkowitz, Attorney General of the State of New York, Defendants.
United States District Court, S. D. New York.https://leagle.com/images/logo.png
September 1, 1978.
September 1, 1978.
Attorney(s) appearing for the Case
Gifford, Woody, Carter & Hays, New York City, for plaintiffs; Sheila Maura Kahoe, New York City, of counsel.
James B. Cantwell, Thomas P. Zolezzi, Albany, N. Y., for defendant Commissioners of the State Bd. of Elections.
Louis J. Lefkowitz, Atty. Gen. of the State of New York, New York City, pro se and for defendant Carey; Arnold D. Fleischer, New York City, of counsel.
Fisher & Axenfeld, Brooklyn, N. Y., for intervenors; Harold L. Fisher, Peter J. Kiernan, Andrew S. Fisher, Kenneth K. Fisher, Brooklyn, N. Y., of counsel.
United States District Court, S. D. New York.
OPINION
SWEET, District Judge.
This is a memorandum opinion which will constitute findings of fact and conclusions of law denying an application for a mandatory preliminary injunction by the plaintiffs, including Stephen Berger ("Berger"), who seeks the nomination of the Democratic Party as candidate for the office of State Comptroller. The plaintiffs have requested that the court direct the defendants, members...
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