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COUNCIL OF ALTERNATIVE POLITICAL PARTIES v. HOOKS

No. 97-5398.

121 F.3d 876 (1997)

COUNCIL OF ALTERNATIVE POLITICAL PARTIES; Green Party of New Jersey; Natural Law Party; NJ Conservative Party; NJ Libertarian Party; U.S. Taxpayers Party of New Jersey; Albert LaRotonda; Gary Novosielski; Madelyn Hoffman; Jim Mohn; Mary Jo Christian; Jeffrey M. Levine; Tom Blomquist; Bernard Sobolewski; Sal Duscio; Anne Stommel; Leonard Flynn; John Paff; Michael Buoncristiano; Emerson Ellett; Charles Novins; Lowell T. Patterson; Eugene R. Christian; Scott Jones; Richard S. Hester, Sr.; Barbara Hester; Austin S. Lett; Arnold Kokans; Leona Lavone; Shirley Boncheff; Christian Zegler; Victoria Spruiell; Harley Tyler, Appellants, v. Lonna R. HOOKS, Secretary of State of the State of New Jersey, in her Official Capacity, and her Successors.

United States Court of Appeals, Third Circuit.

Decided August 4, 1997.

Attorney(s) appearing for the Case

Lenora M. Lapidus (Argued), David R. Rocah, American Civil Liberties Union of New Jersey, Newark, NJ, for Appellants.

Peter Verniero, Attorney General of New Jersey, Joseph L. Yannotti, Assistant Attorney General, Donna Kelly (Argued), Senior Deputy Attorney General, Trenton, NJ, for Appellee.

Before: STAPLETON, SCIRICA and McKEE, Circuit Judges.

OPINION OF THE COURT

STAPLETON, Circuit Judge:

This appeal requires us to review the district court's denial of preliminary injunctive relief. The district court concluded that the plaintiffs were likely to succeed on the merits of their claims and found that they would be irreparably harmed in the absence of preliminary relief. However, the court also found that the defendant would be harmed even more severely were preliminary relief to be granted and that...

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