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ALLEN v. STATE BOARD OF ELECTIONS

Civ. A. No. 5041.

268 F.Supp. 218 (1967)

Richard ALLEN, Lena W. Dunn, Washington Moore, McKinley Dunn, Nora Tyler, James Gilbert Tyler, Fannie M. Brown, Patrick H. Brown and James Donikens, Plaintiffs, v. STATE BOARD OF ELECTIONS, Mark Grizzard, Forest Lankford, Benjamin Griffin, Robert E. Garnett, J. S. Lipscomb, Thomas Brown and Paul Bell, Defendants.

United States District Court E. D. Virginia, Richmond Division.

May 2, 1967.

Attorney(s) appearing for the Case

S. W. Tucker, and Harold Marsh, Hill, Tucker & Marsh, Richmond, Va., Jack Greenberg, and James M. Nabrit, III, New York City, for plaintiffs.

Robert Y. Button, Atty. Gen., of Virginia, and R. D. McIlwaine, Asst. Atty. Gen., Richmond, Va., H. Benjamin Vincent, Commonwealth's Attorney for Greensville County, Emporia, Va., William C. Carter, Commonwealth's Attorney for Cumberland County, Cumberland, Va., and William R. Blandford, Powhatan, Va., for defendants.

Before BRYAN and WINTER, Circuit Judges, and BUTZNER, District Judge.

MEMORANDUM OF THE COURT

BUTZNER, District Judge:

The plaintiffs, registered voters who are unable to spell accurately or to write legibly, attempted to cast their votes for a write-in candidate in the 1966 congressional election. Each pasted a sticker, upon which the write-in candidate's name was printed, on the official ballot under the names of listed candidates and appropriately marked the ballot immediately preceding the sticker. These ballots were not...

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