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MORRILL v. WEAVER

No. CIV.A. 02-CV-1497.

224 F.Supp.2d 882 (2002)

Michael MORRILL, Ben Price, Kurt Shotko, Guy Anthony and Eric Prindle, Plaintiffs, v. C. Michael WEAVER, in his official capacity as Secretary of State of Pennsylvania, and Richard Filling, in his official capacity as the Commissioner overseeing Pennsylvania's Bureau of Commission, Elections and Legislation, Defendants.

United States District Court, E.D. Pennsylvania.

April 19, 2002.

Attorney(s) appearing for the Case

Jeffrey Istvan, Fine, Kaplan and Black, Philadelphia, PA, Nancy Northup, Glenn J. Moramarco, NYU School of Law, New York City, Elizabeth Daniel, New York City for Plaintiff.

John O.J. Shellenberger, III Official Capacity as Secretary of State of Pennsylvania, Randall J. Henzes, Office of Attorney General, Philadelphia, PA, for Defendant.

Mark B. Cohen, PA House of Representatives, Harrisburg, PA, for Mark B. Cohen.

OPINION AND ORDER

Van Antwerpen, District Judge.

This case concerns a constitutional challenge brought on March 25, 2002 by five Green Party candidates and activists ("Plaintiffs"), requesting a preliminary injunction restraining enforcement of a Commonwealth of Pennsylvania statute, 25 P.S. § 2911(d) (" § 2911(d)" or "the statute"), regarding nominations of candidates for political office. The statute requires that election petition "affiants...

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