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BENNETT v. MOLLIS

C.A. No. 08-468 S.

590 F.Supp.2d 273 (2008)

Joseph M. BENNETT, Domenic D'Ambra, Jr., Gregory L. Horton, and Margaret Mary McCormick, individually and on behalf of all other persons similarly situated, Plaintiffs, v. Ralph MOLLIS, in his official capacity as Secretary of State for the State of Rhode Island, John A. Daluz, Frank J. Rego, Florence G. Gormley, Richard H. Pierce, and Martin E. Joyce, Jr., in their capacity as Commissioners of the Rhode Island Board of Elections Robert Kando, in his official capacity as Executive Director of the Rhode Island Board of Elections, Pasquale A. Matteo, Ann H. Allen, and Rosemary Thomas, in their capacity as Members of the Smithfield Board of Canvassers, Defendants, and Maxine Cavanagh, individually, Intervenor.

United States District Court, D. Rhode Island.

December 12, 2008.

Attorney(s) appearing for the Case

Timothy J. Robenhymer, Esq., Warwick, RI, for Plaintiffs.

Joseph Avanzato, Esq., Adler Pollock & Sheehan, P.C., Raymond A. Marcaccio, Esq., Oliverio & Marcaccio, Armando E. Batastini, Nixon Peabody LLP, Providence, RI, David V. Igliozzi, Igliozzi & Reis, LLP, Cranston, RI, for Defendants.

AMENDED OPINION AND ORDER

WILLIAM E. SMITH, District Judge.

Pending before the Court is Plaintiffs' Motion for Preliminary Injunction. Also, before the Court is a Motion to Dismiss filed by the Rhode Island Board of Elections.1 Plaintiffs seek to enjoin the Board of Elections and the Board of Canvassers for the Town of Smithfield, Rhode Island from issuing certificates of election to the prevailing candidates in the November...

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