JACKSON v. OGILVIE

No. 18388.

426 F.2d 1333 (1970)

Luster H. JACKSON, Brenetta M. Howell, Jesse D. Madison, Alfred L. Portis, Richard J. Barnett, L. Roscoe Boler and Richard Criley, on behalf of themselves, and all others similarly situated, Plaintiffs-Appellants, v. Richard B. OGILVIE, individually and as Governor of the State of Illinois, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

May 6, 1970.


Attorney(s) appearing for the Case

Jonathan D. Smith, Chicago, Ill., for plaintiffs-appellants.

William J. Scott, Atty. Gen., Chicago, Ill., for defendant-appellee; John F. Galvin, Asst. Atty. Gen., of counsel.

Before SWYGERT, Chief Judge, HASTINGS, Senior Circuit Judge, and FAIRCHILD, Circuit Judge.


FAIRCHILD, Circuit Judge.

Plaintiffs brought an action for a mandatory injunction requiring the Governor of Illinois to issue a writ of election to fill a vacancy in the United States House of Representatives. On March 16, 1970, the district court dismissed the action for want of jurisdiction. Plaintiffs appealed and this court expedited the appeal.

Plaintiffs averred that they are qualified electors of the sixth congressional district of Illinois and that...

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