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LANGONE v. SECRETARY OF THE COMMONWEALTH

388 Mass. 185 (1983)

446 N.E.2d 43

FREDERICK C. LANGONE & others vs. SECRETARY OF THE COMMONWEALTH & others.

Supreme Judicial Court of Massachusetts, Suffolk.

February 16, 1983.

Attorney(s) appearing for the Case

James F. Kavanaugh, Jr. (John J. McGivney with him) for Frederick C. Langone & others.

Alexander G. Gray, Jr., Assistant Attorney General (Gerald J. Caruso, Assistant Attorney General, with him) for the Attorney General, intervener.

David Berman for Joel M. Pressman.

John Kenneth Felter (Richard A. Oetheimer & Samuel Hoar with him) for the Secretary of the Commonwealth.

James Roosevelt, Jr. (Keith C. Long & James H. Wexler with him) for Democratic State Committee.

William Highgas, Jr., Philip A. Chapman, Jr., J. Terence Gillan, & David Milstein, for the Governor, amicus curiae, submitted a brief.

Present: HENNESSEY, C.J., WILKINS, LIACOS, ABRAMS, NOLAN, LYNCH, & O'CONNOR, JJ.

O'CONNOR, J.

Frederick C. Langone, four voters who claimed to be supporters of Langone's candidacy for Lieutenant Governor of the Commonwealth, and The Langone for Lieutenant Governor Committee brought this action in the Superior Court against the Secretary of the Commonwealth. The complaint alleged that, by refusing to print Langone's name on the September 14, 1982, Democratic State party primary ballot as a candidate for the party's nomination for Lieutenant Governor...

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