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MONTANO v. LEFKOWITZ

No. 735, Docket 78-7033.

575 F.2d 378 (1978)

Armando MONTANO, Gilberto Gerena Valentin and Jose Melendez on their own behalf, and on behalf of all others similarly situated, Plaintiffs-Appellants, v. Louis J. LEFKOWITZ, Attorney General of the State of New York, Hugh Carey, Governor of the State of New York, Salvatore Sclafani, Herbert J. Feur, Alice Sachs, Charles A. Avarello, Elrich A. Eastman, Elizabeth A. Cassidy, Matteo Lumina, Joseph J. Previte, Anthony Sadowski and James Bass, Commissioners of the Board of Elections in the City of New York, as members of, and constituting the said Board of Elections, Democratic Committee of Bronx County by Joseph L. Galiber, its Chairman and Agnes L. Jones, its Treasurer, Patrick J. Cunningham, Individually and as Chairman of the Executive Committee of the Democratic Committee of Bronx County, Bronx County Committee of the Conservative Party of New York State by George McGuinness, its Chairman, the Bronx County Committee of the Liberal Party by Nicholas Gyory, its Chairman and Sydney Burnstein, its Treasurer, and the Bronx County Republican Committee by John Calandra, its Chairman, Respondents.

United States Court of Appeals, Second Circuit.

Decided April 6, 1978.

Attorney(s) appearing for the Case

John C. Klotz, New York City, for plaintiffs-appellants.

Theodore Teah, New York City (Paul A. Victor and Stanley Schlein, New York City, of counsel), for respondent Democratic Committee of Bronx County.

Mark Friedlander, New York City (Herzfeld & Rubin and Herbert Rubin, New York City, of counsel), for respondent Bronx County Committee of the Liberal Party.

Before FRIENDLY, MULLIGAN and MESKILL, Circuit Judges.

FRIENDLY, Circuit Judge:

This action in the District Court for the Southern District of New York, wherein federal jurisdiction exists on the basis of 42 U.S.C. § 1983 and 28 U.S.C. § 1343(3) and (4), stemmed from the resignation of Representative Herman Badillo of the 21st Congressional District (CD) on January 1, 1978 and the consequent need for the Governor of New York to call a special election to fill the vacancy...

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