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FAIR v. DEKLE

No. 22688.

367 F.2d 377 (1966)

Jim FAIR, Appellant, v. John DEKLE, Supervisor of Registration, and James F. Taylor, Clerk of the Circuit Court, Appellees.

United States Court of Appeals Fifth Circuit.

October 21, 1966.

Attorney(s) appearing for the Case

Warren M. Cason, John W. McWhirter, Jr., Tampa, Fla., for appellee James F. Taylor, Jr.

W. Crosby Few, Tampa, Fla., for John Fannin, successor in Public Office to appellee John Dekle.

Before BROWN, GEWIN and GOLDBERG, Circuit Judges.

PER CURIAM:

Appellant became a candidate for Supervisor of Registration of Hillsborough County, Florida, in the May, 1964, Democratic primary, and was defeated.

Florida law (F.S.A. § 99.021(1)) requires any candidate in a primary election to swear a party loyalty oath (1) that in the last preceding general election he voted, if at all, for 90 per cent of those of the party's candidates who faced opposition, (2) that he has not

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