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DALY v. STRATTON

No. 13595.

304 F.2d 666 (1962)

Lar (America First) DALY, Plaintiff-Appellee, v. William G. STRATTON, Charles F. Carpentier, Elbert S. Smith, Joseph D. Lohman and C. Arthur Nebel, substituted for Grenville Beardsley, Deceased, Defendants-Appellants.

United States Court of Appeals Seventh Circuit.

Rehearing Denied July 15, 1962.

Attorney(s) appearing for the Case

William G. Clark, Atty. Gen., William C. Wines, Asst. Atty. Gen., Chicago, Ill., Raymond S. Sarnow, A. Zola Groves, Aubrey Kaplan, Asst. Attys. Gen., of counsel, for appellant.

Lar Daly, Howard Newcomb Morse, Chicago, Ill., for appellee.

Before DUFFY, SCHNACKENBERG, and KILEY, Circuit Judges.

KILEY, Circuit Judge.

This is an appeal by defendants from an order denying their motion to vacate an order setting aside an ex parte judgment of dismissal of plaintiff's damage suit under the "civil rights and elective franchise" provision1 of the Judicial Code.

Plaintiff, a resident of Illinois, brought suit May 19, 1960, against defendants, as members of the Illinois State Electoral...

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