SMITH v. BD. OF ELECTION COM'RS FOR CITY OF CHICAGO

Nos. 84 C 0148, 84 C 0560.

587 F.Supp. 1136 (1984)

Ed H. SMITH, Michael Rembert, Danny K. Davis, Herbert Payne, Allan Streeter, Julius Hammond, Dorothy Tillman, Lovie Copeland, George H. Eddings and John Davis, Plaintiffs, v. The BOARD OF ELECTION COMMISSIONERS FOR the CITY OF CHICAGO and Michael E. Lavelle, James R. Nolan and Corneal A. Davis, in their capacities as members of the Board of Election Commissioners for the City of Chicago, Defendants. Edward W. GJERTSEN, Stuart Schulman, Joseph W. Smith, Kenneth A. Lavand, Herman A. Schell, Jr., Patricia A. Hans, William T. Margalus and Dominic Costanzo, Plaintiffs, v. The BOARD OF ELECTION COMMISSIONERS FOR the CITY OF CHICAGO and Michael E. Lavelle, James R. Nolan and Corneal A. Davis, in their capacities as members of the Board of Election Commissioners for the City of Chicago, Members of the State Board of Elections, Richard A. Cowen, Carolyn R. Eyre, J. Phil Gilbert, Michael J. Hamblet, Joshua Johnson, John J. Lanigan, Theresa M. Petrone and Norma J. Shapiro, in their capacities as members of the State Board of Elections, and Stanley T. Kusper, Jr., in his capacity as County Clerk of Cook County, Illinois, Defendants.

United States District Court, N.D. of Illinois, E.D.

March 9, 1984.


Attorney(s) appearing for the Case

C. Richard Johnson, Steven R. Gilford, Robert G. Perkins, Isham, Lincoln & Beale, Chicago, Ill., for plaintiffs in No. 84 C 0148.

Michael Levinson, Michael LaVelle, Board of Election Commissioners, Chicago, Ill., Franklin J. Lunding, Jr., Charles M. Biggam, Biggam, Cowman, Marquardt & Lunding, Chicago, Ill., for defendants in No. 84 C 0148.

Russell J. Stewart, Park Ridge, Ill., for plaintiffs in No. 84 C 0560.

Lavelle, Nolan & Davis, Michael Levinson and Franklin J. Lunding, Michael E. Lavelle, Board of Election Comm., Chicago, Ill., for Bd. of Election Comm.

Franklin S. Schwerin, Joseph L. Ponsetto and Michael C. Moses, Richard M. Daley, State's Atty. of Cook County, Chicago, Ill., for Stanley Kusper, Jr.

James M. Scanlon, James Tenuto, and Neil Hartigan, Atty. Gen., State of Ill., Chicago, Ill., for State Bd. of Elections, Cowen, Eyre, Gilbert, Hamblet, Johnson, Lanigan, Petrone, Shapiro.


MEMORANDUM OPINION AND ORDER

ASPEN, District Judge:

I.

A primary election will be held in the City of Chicago on March 20, 1984 ("the election"). At such time candidates for the office of Ward Committeeman who receive a plurality of votes will be elected as Ward Committeemen. Ill.Rev.Stat. ch. 46, § 7-8(b). Two lawsuits have been filed: one on behalf of certain Democratic candidates (84 C 0148) and the other on behalf of certain Republican...

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