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McDONALD v. KEY

No. 5048.

224 F.2d 608 (1955)

A. B. McDONALD, Appellant, v. George D. KEY, Benjamin M. Cassity and J. Wm. Cordell, Appellees.

United States Court of Appeals Tenth Circuit.

July 21, 1955.

Attorney(s) appearing for the Case

A. B. McDonald, Oklahoma City, Okl., pro se.

Fred Hansen, First Asst. Atty. Gen., and Edward M. Box, Oklahoma City, Okl. (Mac Q. Williamson, Atty. Gen. of Oklahoma, on the brief), for appellees.

Before PHILLIPS, Chief Judge, MURRAH, Circuit Judge, and WALLACE, District Judge.

PHILLIPS, Chief Judge.

This is an action for damages brought under 42 U.S.C.A. § 1983, predicated on an alleged violation of the Fourteenth Amendment.

The appellees, defendants below, were the duly appointed, qualified, and acting members of the State Election Board of the State of Oklahoma.

McDonald, the plaintiff below, is a member of the Negro race. Prior to the primary election in Oklahoma, held on July 6, 1954, plaintiff duly and timely filed...

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