NEWBURGER v. PETERSON

Civ. A. No. 3483.

344 F.Supp. 559 (1972)

Frank NEWBURGER, III, et al., Plaintiffs, v. Walter PETERSON, Governor of the State of New Hampshire, et al., Defendants.

United States District Court, D. New Hampshire.

June 8, 1972.


Attorney(s) appearing for the Case

Melvin L. Wulf, and Lawrence G. Sager, American Civil Liberties Union Foundation, New York City, David Woodbury, Devine, Millimet, Stahl & Branch, Manchester, N. H., for plaintiffs.

Donald A. Ingram, Asst. Atty. Gen., State of New Hampshire, Concord, N. H., for defendants.

Before COFFIN, Circuit Judge, and GIGNOUX and BOWNES, District Judges.


OPINION

COFFIN, Circuit Judge.

This case presents a challenge to the constitutionality of New Hampshire's law disqualifying a citizen from voting in a town if he has a firm intention of leaving that town at a fixed time in the future. The few facts are stipulated. Plaintiff, whose parents live in Hawaii, is a student at Dartmouth College who, solely because he stated to voter registration officials that he intended to leave Hanover upon his graduation in...

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