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DILLON v. FIORINA

Civ. No. 9340.

340 F.Supp. 729 (1972)

Malcolm DILLON et al., Plaintiffs, v. Betty FIORINA, Defendant.

United States District Court, D. New Mexico.

March 24, 1972.

Attorney(s) appearing for the Case

Keleher & McLeod (Dennis M. McCary), Albuquerque, N. M., for Malcolm Dillon.

Rodey, Dickason, Sloan, Akin & Robb (William S. Dixon), Albuquerque, N. M., for Clarence Gailard and Howard B. Durham.

David L. Norvell, Atty. Gen., Oliver E. Payne, Deputy Atty. Gen., Prentis Reid Griffith, Jr., Asst. Atty. Gen., Santa Fe, N. M., for defendant.

Before SETH, Circuit Judge, and MECHEM and BRATTON, District Judges.

MEMORANDUM OPINION

PER CURIAM.

The federal constitutionality of certain portions of the New Mexico election code are in issue in this action. Except for plaintiff Durham, a qualified voter desiring to vote for another plaintiff herein, all the plaintiffs are persons interested in filing in the next primary election for the nomination for United States Senator.

Plaintiffs Dillon and Cole challenge the constitutionality of N.M.Stat.Ann. § 3-8...

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