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CAMPBELL v. DAVENPORT

No. 22470.

362 F.2d 624 (1966)

Ellis CAMPBELL, Jr., District Director of Internal Revenue, Appellant, v. Gussie L. DAVENPORT, Individually and as Independent Executrix of the Estate of F. B. Davenport, Appellee.

United States Court of Appeals Fifth Circuit.

As Corrected on Denial of Rehearing July 25, 1966.

Attorney(s) appearing for the Case

Melvin M. Diggs, U. S. Atty., Dallas, Tex., Louis F. Oberdorfer, Asst. Atty. Gen., Meyer Rothwacks, Melva M. Graney, Robert A. Bernstein, Fred R. Becker, Attys., Dept. of Justice, Washington, D. C., for appellant, Martha Joe Stroud, Asst. U. S. Atty., of counsel.

Larry L. Bean, Sam G. Winstead, Dallas, Tex., for appellee, Jackson, Walker, Winstead, Cantwell & Miller, Dallas, Tex., of counsel.

Before BELL and THORNBERRY, Circuit Judges, and FISHER, District Judge.

THORNBERRY, Circuit Judge:

The facts in this case are undisputed and fully stipulated. During the taxable year 1962, Judge F. B. Davenport was a candidate for re-election to the office of Judge of the 116th Judicial District Court of Texas. He was successful and served until his death on June 18, 1963.

Under the Texas Election Code, V.A. T.S., a candidate in a primary election must pay an assessment levied by the county executive committee before his name...

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