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AUERBACH v. RETTALIATA

No. 828, Docket 84-7949.

765 F.2d 350 (1985)

Amy AUERBACH, Barbara Shapiro, Andrea Digregorio, Monica Rossi, Mary Ellen Scarpone, Stephen Schreiber, Sharon Sonner, Carrie Newman, Robert Weber, Louis Esbin, Alan Frutkin, on behalf of themselves and all other persons similarly situated, Plaintiffs-Appellees, v. Donald RETTALIATA and William McKeon, Commissioners of the New York State Board of Elections, Individually and in their official capacities, Defendants-Appellants. Martha C. PEREZ, Maria S. Ramirez and Gloria A. O'Connell, on behalf of themselves and all other persons similarly situated, Plaintiffs-Appellees, v. Donald RETTALIATA and William McKeon, Commissioners of the New York State Board of Elections, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided June 17, 1985.

Attorney(s) appearing for the Case

O. Peter Sherwood, Deputy Sol. Gen., New York City (Robert Abrams, Atty. Gen., Robert Hermann, Sol. Gen., Barbara Rottier, Christopher Keith Hall, Asst. Attys. Gen., New York City, on brief), for defendants-appellants.

Lewis B. Oliver, Jr., N.Y. Public Interest Research Group, Albany, N.Y. (Arthur N. Eisenberg, N.Y. Civil Liberties Union, New York City, Ronald Sinzheimer, Student Assn. of the State Univ., Albany, N.Y., Jack Lester, New York City, on the brief), for plaintiffs-appellees.

Before MANSFIELD, NEWMAN and KEARSE, Circuit Judges.

JON O. NEWMAN, Circuit Judge.

This appeal concerns a voting rights suit brought on behalf of a class of all students residing in, and desiring to register and vote in general elections in, Albany and Ulster Counties, New York. The class representatives were refused registration after completing a special questionnaire required by county officials to determine the residence of students for voting purposes. They brought this suit against the commissioners of the state...

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