Legal Opinion
Lehner v. O'ROURKE
District Court, S.D. New York
Decided November 4, 1971No. 71 Civ. 549PublishedCited by 8 opinions
1Opinion of the Court
OPINION
TENNEY, District Judge.
The instant ease comes before this Court on motions to dismiss on behalf of all defendants except defendant Duryea pursuant to Fed.R.Civ.P. 12(b) (1) (lack of jurisdiction over the subject matter) and 12(b) (6) (failure to state a claim upon which relief can be granted) . The controversy centers around the November 1970 general election for State Assemblyman from the 73rd Assembly District in the County, City and State of New York.
Plaintiff, who was the Democratic candidate for State Assemblyman for the 73rd Assembly District (hereinafter referred to as the…
2Cases cited16 opinions
- Swift & Co. v. WickhamSupreme Court of the United States · 1965
- Mary Fishe Bell v. J. W. SouthwellCourt of Appeals for the Fifth Circuit · 1967
- Hadnott v. AmosSupreme Court of the United States · 1969
- People Ex Rel. Sherwood v. State Board of CanvassersNew York Court of Appeals · 1891
- People Ex Rel. Hatzel v. . HallNew York Court of Appeals · 1880
11 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Michael Holup v. J. Bernard Gates, Chairman, Connecticut Board of ParoleCourt of Appeals for the Second Circuit · 1976
- Donohue v. Board of Elections of State of NYDistrict Court, E.D. New York · 1976
- Mirabella v. BD. OF ELECTIONS OF CITY OF NEW YORKDistrict Court, S.D. New York · 1980
- Green Party of State of New York v. WeinerDistrict Court, S.D. New York · 2002
- Hering v. HillDistrict Court, S.D. New York · 1993
3 more not listed; retrieve them via the Exa API.