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MORRIS v. BOARD OF ESTIMATE

No. 1101, Docket 83-7007.

707 F.2d 686 (1983)

Beverly MORRIS, Joy Clarke Holmes, Joanne Oplustil, Plaintiffs-Appellants, v. The BOARD OF ESTIMATE, The City of New York, Edward I. Koch, individually and as Mayor of the City of New York, Carol Bellamy, individually and as City Council President, Harrison J. Goldin, individually and as Comptroller for the City of New York, Howard Golden, Andrew Stein, Stanley Simon, Donald Manes, Anthony Gaeta, each individually and as Borough Presidents of the Boroughs of the City of New York, Defendants-Appellees, and Frank V. Ponterio, Intervenor-Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided May 16, 1983.

Attorney(s) appearing for the Case

Richard Emery, New York City (Arthur Eisenberg, New York Civil Liberties Union, New York City, on the brief), for plaintiffs-appellants.

Judith A. Levitt, New York City (Frederick A.O. Schwarz, Jr., Corp. Counsel, Leonard Koerner, Susan D. Rosenberg, New York City, on the brief), for defendants-appellees.

Frank V. Ponterio, Staten Island, N.Y., for intervenor-defendant-appellee, pro se.

Terence H. Benbow, New York City (Alan Rothstein, New York City, on the brief), for amicus curiae Citizens Union of the City of New York.

Before KAUFMAN and NEWMAN, Circuit Judges, and LASKER, District Judge.

LASKER, District Judge.

This appeal presents the question whether the equal protection principle of one person, one vote is applicable to the election of members of the New York City Board of Estimate.

The Board of Estimate ("the Board") is one of the governing bodies of New York City. It exercises a wide range of powers, including the power to negotiate and enter all contracts on behalf of the city; to approve or modify all zoning decisions for the city;...

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