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PIRTLE v. BROWN

No. 8466.

118 F.2d 218 (1941)

PIRTLE v. BROWN et al.

Circuit Court of Appeals, Sixth Circuit.

March 8, 1941.

Attorney(s) appearing for the Case

George S. Brown and E. Crampton Harris, both of Birmingham, Ala. (Harris & Brown, of Birmingham, Ala., on the brief), for appellant.

Nat Tipton, of Nashville, Tenn. (Nat Tipton and W. F. Barry, Jr., both of Nashville, Tenn., and E. F. Smith, of Morristown, Tenn., on the brief), for appellee.

Before HICKS, SIMONS, and HAMILTON, Circuit Judges.

HICKS, Circuit Judge.

On September 13, 1939, a special election was held in the Third Congressional District of Tennessee to fill a vacancy in the House of Representatives of the United States. Appellant, Henry Pirtle, possessed all the qualifications required by the laws of Tennessee to entitle him to vote in this election except that he had not paid his poll tax. For this reason the judges of election declined to allow him to vote.

The question is, whether...

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