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WELKER v. CLARKE

No. 00-1161.

239 F.3d 596 (2001)

Julie Welker; Welker '99; Eva K. Cohen; Sylvester Griffin; Alan Burgess, v. Darrell L. Clarke; John Does; Jane Does, 1-20; Philadelphia County Board of Elections; John Roes; Jane Roes, 1-20 Julie Welker; Welker `99, Appellants

United States Court of Appeals, Third Circuit.

Argued December 5, 2000.

Filed February 8, 2001.

Attorney(s) appearing for the Case

Bruce S. Marks, Esq. (Argued), Egorov, Puginsky, Afanasiev & Marks 1835 Market Street, 28th Floor Philadelphia, PA 19103, Counsel for Appellants.

Nelson A. Diaz, Esq. Blank, Rome, Comisky & McCauley One Logan Square Philadelphia, PA 19103, Counsel for Appellee Philadelphia Housing Authority.

Gregory M. Harvey, Esq. (Argued) Montgomery, McCracken, Walker & Rhoads 123 South Broad Street Philadelphia, PA 19109, Counsel for Appellee Darrell L. Clarke.

John S. Summers, Esq. John P. Lavelle, Jr., Esq. (Argued) Hangley, Aronchick, Segal & Pudlin One Logan Square, 27th Floor Philadelphia, PA 19103 Howard Lebofsky, Esq. City of Philadelphia Law Department 1515 Arch Street One Parkway Philadelphia, PA 19102, Counsel for Appellee Philadelphia County Board of Elections.

BEFORE: BARRY, COWEN and WOOD, Circuit Judges. 9/5/00.

*Amended per Clerk's Order filed September 9, 2000.

OPINION OF THE COURT

COWEN, Circuit Judge.

I.

On May 18, 1999, appellant Julie Welker ran against appellee Darrell Clarke in the Democratic primary for the Fifth Council District seat on the Philadelphia City Council. According to the official election results, Welker received 140 fewer votes than Clarke. Immediately following the election...

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