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GERMANO v. KERNER

No. 63 C 291.

241 F.Supp. 715 (1965)

Joseph GERMANO et al., Plaintiffs, v. Otto KERNER, as Governor of the State of Illinois and Chairman of the State Electoral Board, et al., Defendants.

United States District Court N. D. Illinois.

May 7, 1965.

Attorney(s) appearing for the Case

Bernard Kleiman, of Kleiman, Cornfield and Feldman, and Lester Asher, of Asher, Gubbins and Segall, for plaintiffs.

Wm. G. Clark, Atty. Gen., for certain defendants.

Howard Robinson, of Sidley, Austin, Burgess & Smith, for Illinois Agricultural Ass'n, Clyde Beals, David Davis, Joseph R. Mallory, William McNight, Jr., Carl Schweinforth, Harold B. Steele, Mrs. Faye Stuebinger, intervenors.

Don H. Reuben, Jack S. Levin and Lawrence Gunnels, of Kirkland, Ellis, Hodson, Chaffetz & Masters, for Wm. J. Scott, State Treas.

Before SCHNACKENBERG, Circuit Judge, and CAMPBELL and AUSTIN, District Judges.

CAMPBELL, District Judge.

The briefs filed in support of the instant motions to reconsider and vacate and the February 4, 1965, decision of the Illinois Supreme Court in Engle v. Kerner, 32 Ill.2d 212, 205 N.E.2d 33, indicate the need for additional comment by this court as to the underlying rationale of our Order of January 22, 1965. Especially provocative of comment is the argument made by...

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