BERMAN

v.

BOARD OF ELECTIONS, CITY OF NEW YORK, ET AL.

Citator

Cited By

• Norvell v. Sangre de Cristo Dev. Co., Inc., 519 F.2d 370 (10th Cir. 1975)
  …on advisory in nature. We are cognizant of our rule that the decision of the federal trial court to afford declaratory relief must be sustained, absent a clear abuse of discretion. Shannon v. Sequeechi, 365 F. 2d 827 (10th Cir. 1966), cert. denied, 386 U.S. 481, 87 S.Ct. 1175, 18 L.Ed.2d 225 (1967). This court has consistently held, however, that the test for determining an actual controversy via declaratory judgment proceedings is whether there is a controversy between the parties having adverse legal int…
• Berman v. Bd. OF Elections, 420 F.2d 684 (2d Cir. 1969)
  …ted.” 19 N.Y.2d 744, 279 N.Y.S.2d 348, 226 N.E. 2d 177 (1967). This was followed by Berman’s appeal to the Supreme Court, which dismissed the appeal “for want of jurisdiction” and treated the papers as an application for certiorari which it denied. 386 U.S. 481, 87 S.Ct. 1175, 18 L.Ed.2d 225, rehearing denied 387 U.S. 926, 87 S.Ct. 2028, 18 L.Ed.2d 986 (1967). On October 1, 1969 the Board of Elections amended the election regulations to provide, in substance, that any person whose religious convictions pr…
• Sperl v. Deukmejian, 642 F.2d 1154 (9th Cir. 1981)
  …Kentucky, 400 F. 2d 871, 872 (6th Cir. 1968), cert. denied, 395 U.S. 911, 89 S.Ct. 1755, 23 [*1155] L.Ed.2d 224 (1969); Booker v. Arkansas, 380 F. 2d 240, 242 (8th Cir. 1967); Shannon v. Sequeechi, 365 F. 2d 827, 829 (10th Cir. 1966), cert. denied, 386 U.S. 481, 87 S.Ct. 1175, 18 L.Ed.2d 225 (1967). Sperl argues that his complaint should therefore be treated as a petition for habeas corpus relief under 28 U.S.C. § 2254. Habeas corpus relief is not appropriate because Sperl was not in custody when he filed…