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BENNETT v. CITY OF CLEVELAND

No. 19789.

433 F.2d 989 (1970)

Robert BENNETT et al., Plaintiffs-Appellants, v. CITY OF CLEVELAND et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

February 20, 1970.

Attorney(s) appearing for the Case

Eli Naffah, Cleveland, Ohio, for plaintiffs-appellants; Franklin A. Polk, Cleveland, Ohio, on brief.

Daniel J. O'Laughlin, Cleveland, Ohio, for defendants-appellees; Squire, Sanders & Dempsey, John L. Dowling, Asst. Pros. Atty. of Cuyahoga County, Cleveland, Ohio, on brief.

Before WEICK, EDWARDS, and McCREE, Circuit Judges.

ORDER

This is an appeal from an order dismissing for failure to state a federal cause of action, a complaint seeking a declaration that Section 10 of the Charter of the City of Cleveland is unconstitutional under the Fourteenth Amendment of the United States Constitution. Section 10 provides:

§ 10 Selection of Candidates.

The number of candidates for member of Council in each ward shall be the two candidates on the primary election ballot receiving...

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