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KOPPELL v. NEW YORK STATE BD. OF ELECTIONS

Docket No. 98-9074.

153 F.3d 95 (1998)

G. Oliver KOPPELL, Arnold Linhardt, Marie Morrison, Plaintiffs-Appellants, v. NEW YORK STATE BOARD OF ELECTIONS, Thomas R. Wilkey, as Executive Director of the New York State Board of Elections, Carol Berman, Neil W. Kelleher, Helena Moses Donohue, and Evelyn J. Aquila, as Commissioners of the New York State Board of Elections, and George E. Pataki, as Governor of the State of New York, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided August 28, 1998.

Attorney(s) appearing for the Case

Fred Taylor Isquith, Wolf, Haldenstein, Adler, Freeman & Herz, New York, New York, for Plaintiffs-Appellants.

Joel Graber, Assistant Attorney General (Dennis C. Vacco, Attorney General of the State of New York, of counsel), New York, New York, for Defendants-Appellees.

Before: WINTER, Chief Judge, MESKILL, and WALKER, Circuit Judges.

PER CURIAM:

G. Oliver Koppell, a candidate for the Democratic nomination for Attorney General, and Arnold Linhardt and Marie Morrison, New York state voters, appeal from Judge Stein's order denying their motion for a preliminary injunction. Appellants claim that the district court abused its discretion by refusing to enjoin a lottery system of ballot placement. We affirm.

We review a denial of a preliminary injunction for abuse of discretion. See Hickerson...

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