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AYERS-SCHAFFNER v. DISTEFANO

No. 94-1884.

37 F.3d 726 (1994)

M. Janice AYERS-SCHAFFNER, et al., Plaintiffs, Appellees, v. Joseph R. DISTEFANO, et al., Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided September 30, 1994.

Attorney(s) appearing for the Case

Anthony J. Bucci, Jr., Providence, RI, for appellants.

Michael DiBiase, Providence, RI, for appellees.

Before TORRUELLA, Chief Judge, COFFIN, Senior Circuit Judge, and KEETON, District Judge.

COFFIN, Senior Circuit Judge.

This case poses an interesting, and readily answerable, constitutional question: can state election officials restrict the right to vote in a new, curative election to those who participated in the original, defective election? The district court found no state interest served by such a limitation, and rejected it as unconstitutional, 860 F.Supp. 918. We agree, and thus affirm the district court's...

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