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ECCLES v. GARGIULO

No. 80 C 2423.

497 F.Supp. 419 (1980)

William E. ECCLES, Ronald G. King, Uriel Griffin, Louis Bowman, Allene Haynes, Shellie D. Anderson, Aljurita D. Smith, Ida M. Scott, Alice Baez, Vernelle B. Albury, Wilma E. Maynard, Sadie Banister, Albert Vann, Annette M. Robinson, on behalf of themselves and others similarly situated, Plaintiffs, v. Frank X. GARGIULO, James F. Bass, Robert S. Black, Hector Diaz, Matteo Lumetta, Joseph J. Previte, Martin Richards, Alice Sachs, Anthony Sadowski, and Salvatore Sclafani, Commissioners of Elections of the City of New York in their capacity as the Board of Elections in the City of New York, Defendants.

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

Memorandum Order On Reconsideration September 26, 1980.

Attorney(s) appearing for the Case

Jeff L. Greenup, Fred L. Wallace, Percy L. Lambert, New York City, Esmeralda Simmons, Brooklyn, N. Y., for plaintiffs.

Allen G. Schwartz, Corp. Counsel of the City of New York, New York City by Patrick F. X. Mulhearn, Asst. Corp. Counsel, New York City, Robert Schmukler, Brooklyn, N. Y. (appearing by special leave of the Court), for defendants.

NEAHER, District Judge.

Plaintiffs in this action are candidates for public and Democratic Party offices, and persons representing the class of those who signed petitions on behalf of these candidates, whose names have been stricken by defendants from the ballots of the primary election scheduled to be held September 9, 1980, in the 56th Assembly District, Kings County. Defendants are the Commissioners of Election of the City of New York (hereinafter "Board of Elections...

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