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FAULKNER v. SADOWSKI

No. 79 Civ. 4657.

486 F.Supp. 1261 (1980)

Gregory W. FAULKNER and Carmen I. Rodriguez, Plaintiffs, v. Anthony SADOWSKI, Frank X. Gargiulo, James F. Bass, Robert S. Black, Herbert J. Feuer, Matteo Lumetta, Joseph J. Previte, Martin Richards, Alice Sachs, and Salvatore Sclafani, Commissioners of the Board of Elections in the City of New York, as Members of, and constituting, the said Board of Elections, Defendants, and Peter Fontanes and Lana Conor, Intervenor-Defendants.

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

March 18, 1980.

Attorney(s) appearing for the Case

Martin E. Connor, Brooklyn, N. Y., for plaintiffs.

Allen G. Schwartz, Corp. Counsel, New York City, for defendants; Patrick F. X. Mulhearn, New York City, of counsel.

John C. Klotz, New York City, for intervenor-defendants.

OPINION

ROBERT J. WARD, District Judge.

Plaintiffs brought this action against the Commissioners of the New York City Board of Elections ("the Board") alleging that in violation of 42 U.S.C. § 1983 the Board deprived them of their due process right to appear on the September 11, 1979, primary election ballot as candidates for Assembly District Leaders in part D of the 71st Assembly District. Peter Fontanes and Lana Conor, who would have opposed plaintiffs...

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