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JEFFERSON v. ABRAMS

No. 378, Dockets 84-7758, 84-7766.

747 F.2d 94 (1984)

Anna V. JEFFERSON, Stanley E. Clark, Arthur Illery and Nerissa Thompson, Plaintiffs-Appellees, v. Robert ABRAMS, as Attorney General of the State of New York; and Robert S. Black, Orlando Velez, James S. Bass, Matteo Lumetta, Ferdinand C. Marchi, Rosemary A. Millus, Joseph J. Previte, Martin Richards, Alice Sachs, and Anthony Sadowski, Commissioners of Elections, constituting the Board of Elections in the City of New York, Defendants, Velmanette Montgomery, Intervenor-Defendant-Appellant, and Jeanette Nottage and Edward S. Hightower, Intervenors-Defendants.

United States Court of Appeals, Second Circuit.

Decided October 23, 1984.

Attorney(s) appearing for the Case

Aaron D. Maslow, Brooklyn, N.Y. (Debra Silber, Brooklyn, N.Y., on the brief), for intervenor-defendant-appellant Montgomery.

Robert Schmukler, Brooklyn, N.Y., for plaintiffs-appellees.

Frederick A.O. Schwarz, Jr., Corp. Counsel, City of New York, Susan R. Rosenberg, James F.X. Hiler, Paul Marks, Office of the Corp. Counsel, New York City, for defendants-appellants.

Michelle Weston Patterson, Brooklyn, N.Y. for intervenors-defendants-appellants Nottage and Hightower.

Before LUMBARD and MESKILL, Circuit Judges, and BRIEANT, District Judge.

MESKILL, Circuit Judge:

This is an appeal from an order of the United States District Court for the Eastern District of New York, Costantino, J., dated September 6, 1984, holding New York Elec. Law § 6-134(2) (McKinney 1978)1 unconstitutional as applied and directing the Board of Elections of the City of New York to place plaintiff Jefferson's name on the September 11, 1984 Democratic...

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