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NIXON v. CONDON

No. 5758.

49 F.2d 1012 (1931)

NIXON v. CONDON et al.

Circuit Court of Appeals, Fifth Circuit.

May 16, 1931.

Attorney(s) appearing for the Case

Arthur B. Spingarn, of New York City, and Fred C. Knollenberg, and E. F. Cameron, both of El Paso, Tex., for appellant.

Ben R. Howell, of El Paso, Tex. (Thornton Hardie, of El Paso, Tex., on the brief), for appellees.

Before BRYAN and FOSTER, Circuit Judges, and DAWKINS, District Judge.

BRYAN, Circuit Judge.

Appellant sued the judges of election for the precinct in which he was registered to recover damages for their refusal to permit him to vote at the primary election held in Texas in 1928 for the nomination of candidates of the Democratic Party. He alleged in his petition that he was a citizen of the United States and of Texas, a member of the Democratic Party, and in every way qualified to vote; that he is a negro, and solely because of his race...

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