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FREEDOM PARTY OF N.Y. v. BD. OF ELECTIONS

No. 239, Docket 95-7239.

77 F.3d 660 (1996)

The FREEDOM PARTY OF NEW YORK; Al Sharpton and Ernest Foster, Plaintiffs-Appellees, v. The NEW YORK STATE BOARD OF ELECTIONS and The New York City Board of Elections, Defendants, The Tax Cut Now Party; Thomas Reynolds; William D. Powers; Joseph N. Mondello; Clarence D. Rappleyea and John F. Nolan, each individually and in their capacities as members of the Tax Cut Now Party, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided February 26, 1996.

Attorney(s) appearing for the Case

Lawrence A. Mandelker, New York City, for Defendants-Appellants.

Terrance O. Morris, Brooklyn, NY, for Plaintiffs-Appellees.

Before: CARDAMONE, WALKER, and PARKER, Circuit Judges.

PER CURIAM:

Appellants appeal from an order granting a preliminary injunction against them by the United States District Court for the Northern District of New York (Frederick J. Scullin, Jr., District Judge). Appellants allege that the district judge erred in enjoining them from running any candidates in the 68th Assembly District under the "Freedom Party" name. They claim that Appellees, who first used the name "Freedom Party," failed to make an adequate...

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