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JOHNSON v. HOOD

No. 28066.

430 F.2d 610 (1970)

David JOHNSON et al., Plaintiffs-Appellants, v. Joe HOOD et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

August 3, 1970.

Attorney(s) appearing for the Case

Armand Deriner, James A. Lewis, Jackson, Miss., for plaintiffs-appellants.

Will S. Wells, Asst. Atty. Gen. of Miss., Jackson, Miss., J. H. Hogue, Jr., John S. Holmes, Griffin Norquist, Yazoo City, Miss., for defendants-appellees.

Before GEWIN, GODBOLD and CLARK, Circuit Judges.

PER CURIAM:

Thomas W. Leach was declared the winner by a margin of six votes over David Johnson in the general election for the office of Constable, Beat 4, Yazoo County, Mississippi after ten votes for Johnson, which had been challenged, were rejected by the County Election Commission pursuant to State law. Johnson and the voters whose ballots were rejected brought action in the district court for declaratory and injunctive relief to require the County Election Commission...

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