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SIMONE v. MacPHAIL

No. W-4052.

291 F.Supp. 697 (1968)

Frank SIMONE and James Patrick Kelly, Plaintiffs, v. Donald C. MacPHAIL, Edward A. Gillard, and D. J. Saia, in their official capacity as County Commissioners of Crawford County, Kansas; Wilbert W. Phalen, in his official capacity as County Attorney of Crawford County, Kansas; Harold J. Hutchins, in his official capacity as County Clerk of Crawford County, Kansas, Defendants.

United States District Court D. Kansas.

November 4, 1968.

Attorney(s) appearing for the Case

Vernon D. Grassie, Girard, Kan., for plaintiffs.

Foulston, Siefkin, Powers, Smith & Eberhart, by Robert C. Foulston, Wichita, Kan., for defendants.

Before SETH, Circuit Judge, and BROWN and TEMPLAR, District Judges.

MEMORANDUM OF DECISION

TEMPLAR, District Judge.

On September 5, 1968, this action was instituted by plaintiffs as residents, citizens, taxpayers, and voters of Crawford County, Kansas, who brought the proceeding as a class action on behalf of themselves and numerous citizens, taxpayers, and voters of Crawford County, as a class, alleging, in substance, that the election of the three members of the Board of County Commissioners of Crawford County, from single...

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