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ROMITI v. KERNER

Civ. A. No. 65 C 2013.

256 F.Supp. 35 (1966)

Philip ROMITI, Plaintiff, v. Otto KERNER, as Governor of the State of Illinois and Chairman of the State Electoral Board, Paul Powell, as Secretary of State of the State of Illinois and Secretary of the State Electoral Board, William G. Clark, as Attorney General of the State of Illinois and member of the State Electoral Board, William J. Scott, as Treasurer of the State of Illinois and member of the State Electoral Board, and Michael J. Howlett, as Auditor of Public Accounts of the State of Illinois and member of the State Electoral Board of Illinois, Defendants.

United States District Court N. D. Illinois, E. D.

June 30, 1966.

Attorney(s) appearing for the Case

Peter Fitzpatrick, Chicago, Ill., for plaintiff, Philip Romiti.

William G. Clark, Atty. Gen. of Illinois, Chicago, Ill., for defendants Otto Kerner, William G. Clark and Michael J. Howlett.

Don H. Reuben and Lawrence Gunnels, Kirkland, Ellis, Hodson, Chaffetz & Masters, Chicago, Ill., for defendant William J. Scott.

Gilbert Feldman, Kleiman, Cornfield & Feldman, Chicago, Ill., for defendant Paul Powell.

Don H. Reuben and Lawrence Gunnels, Kirkland, Ellis, Hodson, Chaffetz & Masters, Chicago, Ill., for intervening defendant John W. Freels.

Wayland B. Cedarquist, Boodell, Sears, Foster, Sugrue & Crowley, Chicago, Ill., for Chicago Bar Ass'n, amicus curiae.

Henry L. Pitts, Chicago, Ill., for Illinois State Bar Ass'n, amicus curiae.

Before HASTINGS, Circuit Judge, and CAMPBELL and DECKER, District Judges.

HASTINGS, Circuit Judge.

Philip Romiti, a resident of Cook County, Illinois, which comprises the present first judicial district of Illinois, has brought suit as a taxpayer of Illinois and the United States and as a qualified voter in Cook County, Illinois against various officials of the State of Illinois in their public capacities. Jurisdiction is asserted under 42 U.S.C.A. § 1983 and § 1988 and 28 U.S.C.A. § 1343(3)1...

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