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SPILLERS v. SLAUGHTER

Civ. Nos. 71-21, 71-23.

325 F.Supp. 550 (1971)

Albert L. SPILLERS, Plaintiff, v. Morgan SLAUGHTER, as Clerk of the Circuit Court of Duval County, Florida, Harry M. Nearing, as Supervisor of Registration of Duval County, Florida, Edgar McCurry and Kitty Burnette, respectively, as Chairman and First Vice Chairman of the Republican Party of Duval County, Florida, and Richard Stone, as the Secretary of the State of Florida, Defendants. Robert G. POPE, individually and on behalf of all others similarly situated, and Charles M. Keisling, individually, and on behalf of all others similarly situated, Plaintiffs, and Levy M. Wilcox and Charles B. Griffin, Jr., Intervenors, v. Harold B. HAIMOWITZ, Chairman, Duval County Democratic Executive Committee, S. Morgan Slaughter, Clerk of the Circuit Court, Fourth Judicial Circuit, In and For Duval County, Florida, Harry Nearing, Supervisor of Elections, Duval County, Florida, Richard Stone, Secretary of State and Commissioner of Elections, State of Florida, Defendants.

United States District Court, M. D. Florida, Jacksonville Division.

April 8, 1971.

Attorney(s) appearing for the Case

J. B. Stoner, Savannah, Ga., for Albert L. Spillers.

Stephen P. Smith, III, American Civil Liberties Union of Fla., Jacksonville, Fla., for Robert G. Pope, Charles M. Keisling, Charles B. Griffin and Levy M. Wilcox.

David U. Tumin and Thomas D. Oakley, Asst. Counsel, City of Jacksonville, for Morgan Slaughter and Harry M. Nearing.

Daniel S. Dearing, Chief Trial Counsel, Dept. of Legal Affairs, and Robert J. Vossler, Asst. Atty. Gen., Tallahassee, Fla., for Richard Stone, Secretary of State of Fla.

Greene & Greene, Jacksonville, Fla., for Harold B. Haimowitz.

Stockton & Stockton, Jacksonville, Fla., for Kitty Burnette.

Edgar W. McCurry, Jr., in pro. per.

Before RONEY, Circuit Judge, and McRAE and TJOFLAT, District Judges.

MEMORANDUM OPINION

TJOFLAT, District Judge.

Case No. 71-21-Civ-J was brought by Albert L. Spillers in a dual capacity: as a prospective candidate in the Republican primary election for Mayor of the City of Jacksonville and as a representative of a class of registered Republican voters who desire to vote for him in the primary.

The consolidated case, No. 71-23-Civ-J, was instituted by Robert G. Pope as a prospective candidate in the Democratic primary...

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