CARTER v. DIES

Civ. A. Nos. 3-3635-C, 3-3733-C, 3-3739-C.

321 F.Supp. 1358 (1970)

Van Phillip CARTER v. Martin DIES, Jr. and Dr. Elmer C. Baum. Theodore H. WISCHKAEMPER on Behalf of Himself and all others Similarly Situated v. Robert L. WRIGHT, Chairman of the Tarrant County Democratic Executive Committee, et al., Reubin Jenkins, Intervenor. William PATE, on Behalf of Himself and all others Similarly Situated, v. George A. McALMON, Jr., as Chairman of the County Democratic Executive Committee of El Paso County, Texas and individually and the County Democratic Executive Committee of El Paso County, Texas and the Primary Committee, Carlos Guzman, Luz A. Lozano, Andrea L. Sifuentes and Manuel Sapien, on Behalf of Themselves and all others Similarly Situated, and as members of U.N.I.O.N., Incorporated, Intervenors.

United States District Court, N. D. Texas, Dallas Division.

December 21, 1970.


Attorney(s) appearing for the Case

H. Averil Sweitzer, Dallas, Tex., for Van Phillip Carter.

Charles F. Herring, Small, Herring, Craig, Werkenthin & Shannon, Austin, Tex., for Dr. Elmer Baum.

William J. Craig, Asst. Atty. Gen., Austin, Tex., Crawford C. Martin, Atty. Gen., for the United States.

A. L. Crouch, Fort Worth, Tex., for Theodore H. Wischkaemper.

Thomas H. Law, Fort Worth, Tex., for Robert L. Wright, Chairman of Tarrant County Demo. Exec. Committee.

Estil Vance, Jr., Fort Worth, Tex., for Dr. J. D. Tomme, Jr.

A. L. Crouch, Fort Worth, Tex., for Reubin Jenkins, Intervenor.

John L. Fashing, Calamia & Fashing, El Paso, Tex., for William Pate.

Mark F. Howell, El Paso, Tex., for George A. McAlmon, Jr., and others.

Before THORNBERRY, Circuit Judge, and HUGHES and TAYLOR, District Judges.


WILLIAM M. TAYLOR, Jr., District Judge.

In the above cases, the plaintiffs seek an injunction to restrain the enforcement of Tex.Election Code Ann. Arts. 13.07a, 13.08, 13.08a, 13.15, and 13.16, V.A.T.S. (1967)1 and to have them declared unconstitutional.

These articles require candidates to pay filing fees as a condition to having their names placed on a ballot in a primary election...

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