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BELLER v. KIRK

Civ. No. 70-1021.

328 F.Supp. 485 (1970)

Louis R. BELLER and New Party of Florida, Plaintiffs, v. Claude R. KIRK, Governor of the State of Florida, et al., Defendants.

United States District Court, S. D. Florida.

October 26, 1970.

Attorney(s) appearing for the Case

Louis R. Beller, Miami Beach, Fla., for plaintiffs.

Earl Faircloth, Atty. Gen., T. T. Turnbull, Roger W. Foote, Asst. Attys. Gen., Tallahassee, Fla., for defendants.

Before DYER, Circuit Judge, and MEHRTENS and EATON, District Judges.

OPINION—ORDER

PER CURIAM.

Plaintiffs seek injunctive and declaratory relief, holding unconstitutional the Florida Election Law as amended by the 1970 Florida Legislature, being Sections 101.261, 101.262, 101.263 and 101.264. The claim of unconstitutionality is based upon the First and Fourteenth Amendments to the United States Constitution.

A substantial question is presented but, for reasons hereafter set forth, we reach the conclusions that...

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