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WEST v. CARR

370 S.W.2d 469 (1963)

Ben WEST, Mayor, etc. v. Joe C. CARR, Secretary of State, et al.

Supreme Court of Tennessee.

May 10, 1963.

Attorney(s) appearing for the Case

Harris A. Gilbert and Z. T. Osborn, Jr., Nashville, Denny, Leftwich & Osborn, Nashville, Robert Jennings, City Atty., Nashville, of counsel, for complainants.

George F. McCanless, Atty. Gen., Thomas E. Fox, Asst. Atty. Gen., Nashville, for Joe C. Carr.

Shelton Luton, Davidson County Atty., Nashville, for Commissioners of Election for Davidson County.

Edwin F. Hunt, Nashville, amicus curiæ on behalf of Tennessee Farm Bureau Federation, Inc., et al.

FELTS, Justice.

This suit was brought by Ben West, as Mayor of the City of Nashville and as a voter and taxpayer of Davidson County, under the Declaratory Judgments Act (T.C.A. §§ 23-1101 to 23-1113), seeking a decree declaring Chapter 2, Acts 1962, unconstitutional and enjoining the defendants, the Secretary of State, the Attorney General, and the Election Commissioners of Davidson County, from expending any public funds or holding the elections provided...

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