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BROWN v. O'BRIEN

Nos. 72-1628 to 72-1631.

469 F.2d 563 (1972)

William BROWN et al., Appellants, v. Lawrence O'BRIEN et al. Thomas E. KEANE et al., Appellants, v. NATIONAL DEMOCRATIC PARTY et al. Thomas E. KEANE v. NATIONAL DEMOCRATIC PARTY et al., Appellants. Thomas E. KEANE et al. v. NATIONAL DEMOCRATIC PARTY et al. William Cousins et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

As Amended August 10, 1972.

Judgment Vacated October 10, 1972.

Attorney(s) appearing for the Case

Mr. Joseph L. Rauh, Jr., Washington, D. C., with whom Messrs. William A. Dobrovir, Geoffrey Cowan, and Lewis J. Paper, Washington, D. C., were on the pleading, for appellants in No. 72-1628.

Mr. Joseph A. Califano, Jr., Washington, D. C., for appellees in No. 72-1628.

Mr. Jerome H. Torshen, Chicago, Ill., of the bar of the Supreme Court of Illinois, pro hac vice, by special leave of court, with whom Mr. Jerry S. Cohen, Washington, D. C., was on the pleading, for appellants in No. 72-1629 and appellees in No. 72-1630 and No. 72-1631.

Mr. Joseph A. Califano, Jr., Washington, D. C., with whom Messrs. John G. Kester and Richard M. Cooper, Washington, D. C., were on the pleadings, for appellants in No. 72-1630 and appellees in No. 72-1629.

Mr. Wayne W. Whalen, Chicago, Ill., of the bar of the Supreme Court of Illinois, pro hac vice, by special leave of court, for appellants in No. 72-1631.

Before BAZELON, Chief Judge, FAHY, Senior Circuit Judge, and MacKINNON, Circuit Judge.

Judgment Vacated October 10, 1972. See 93 S.Ct. 67.

PER CURIAM:

These two cases, which have come before us on motions for summary reversal and expedited consideration, call into question the power of the Democratic Party to exclude from its 1972 national convention certain challenged delegates from California and Illinois. In both cases delegates unseated by action of the Credentials Committee of the national convention assert that they were expelled in violation...

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