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WETHERINGTON v. ADAMS

No. 26136.

406 F.2d 724 (1969)

Gary Lee WETHERINGTON, Appellant, v. Tom O. ADAMS, Individually and as Secretary of State of Florida and as Commissioner of Elections, Appellee.

United States Court of Appeals Fifth Circuit.

January 27, 1969.

Attorney(s) appearing for the Case

Gary Lee Wetherington, pro se.

Earl Faircloth, Atty. Gen., Robert A. Chastain, Asst. Atty. Gen., Tallahassee, Fla., for appellee.

Before THORNBERRY and DYER, Circuit Judges, and KEADY, District Judge.

PER CURIAM:

Wetherington filed a complaint in the District Court, moved for injunctive relief against the application of a state statute, and requested the convening of a three-judge court pursuant to 28 U.S. C.A. § 2281. The complaint was dismissed for failure to state a claim upon which relief could be granted. We reverse.

The complaint attacked the constitutionality of Florida statutes requiring candidates for political party nomination to state elective...

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