VALENTI v. MITCHELL

Civ. A. No. 92-1680.

790 F.Supp. 555 (1992)

Philip VALENTI, Betty Clift, Dorothy Ferebee, Eric Bradway, Stuart W. Kessler, Arline Lotman, Patricia W. Lord, Howard William Glassman, Sean Lannon, Martin Zehr, and Francis Worley, Kathleen Glaisford, Philip Berg, Mark Kruman, Leon Akselrad, Plaintiffs, v. Brenda K. MITCHELL, Secretary of the Commonwealth of Pennsylvania, William Boehm, Commissioner, Bureau of Commissions, Elections, and Legislation, and Arlen Specter, United States Senator from Pennsylvania, Defendants.

United States District Court, E.D. Pennsylvania.

April 9, 1992.


Attorney(s) appearing for the Case

Samuel C. Stretton, West Chester, Pa., for plaintiffs.

Gregory E. Dunlap, Deputy Gen. Counsel, Com. of Pennsylvania and Gwendolyn T. Mosley, Sr. Deputy Atty. Gen., Office of the Atty. Gen., Harrisburg, Pa., for defendants Mitchell and Boehm.

Mark A. Klugheit, Dechert, Price & Rhoads, Philadelphia, Pa., for Senator Specter.


MEMORANDUM AND ORDER

GAWTHROP, District Judge.

This memorandum incorporates the reasoning and constitutional conclusions of the court's April 3, 1992, Opinion and Order. Ultimately the case turns on my balancing of the equities, to which I now return.

I note that the parties have stipulated to the fact that adding even one candidate to the ballot as of April 8, 1992 would require the Pennsylvania primary election to be reset to a later date. There...

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