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TARPLEY v. SALERNO

No. 86-7797.

803 F.2d 57 (1986)

Webster G. TARPLEY, Judah Philip Rubinstein, Fernando Oliver, James B. Cokley, John Perrcone, Keith R.T. Perez, Elizabeth Spiro-Carman, Gerald Mullins, Hulan E. Jack, Jeremiah F. O'Neill, Charles H. Carman, Benjamin Oksoktaruk, Robert W. Sterling and Joyce Thuman, Plaintiffs-Appellants, v. George D. SALERNO, R. Wells, Stout, Donald A. Rettaliata and Thomas J. Sullivan, individually and in their official capacities as members of the New York State Board of Elections, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided October 6, 1986.

Attorney(s) appearing for the Case

David Gerald Jay, Buffalo, N.Y., for plaintiffs-appellants.

Ann Horowitz, Asst. Atty. Gen., State of N.Y. (Robert Abrams, Atty. Gen. of the State of New York, New York City, of counsel), for defendants-appellees.

Thomas P. Zolezzi, Sp. Counsel, State Bd. of Elections, Albany, N.Y., for defendant-appellee, New York State Bd. of Elections.

Rutnick & Rutnick, Albany, N.Y. (James E. Banagan, Albany, N.Y., of counsel), for amicus curiae.

Before MANSFIELD, PIERCE and PRATT, Circuit Judges.

PER CURIAM:

On September 3, 1986, plaintiffs-appellants, who include voters registered in the State of New York and candidates who sought to be placed on the ballot for the New York primary election to be held on September 9, 1986, applied to us pursuant to F.R.A.P. 8(a) for a stay and injunction pending their appeal of an order of the Northern District of New York, Cholakis, J., dated August 29, 1986, dismissing their action, which sought a declaratory judgment and...

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