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POTTER v. MEIER

Civ. No. 1115.

338 F.Supp. 1353 (1972)

Tracy POTTER et al., Plaintiffs, v. Ben MEIER, as Secretary of State of the State of North Dakota, et al., Defendants.

United States District Court, D. North Dakota, Southwestern Division.

March 7, 1972.

Attorney(s) appearing for the Case

Thompson, Lundberg & Nodland, Bismarck, N. D., for plaintiffs.

Helgi Johanneson, Atty. Gen., Paul M. Sand, First Asst. Atty. Gen., Bismarck, N. D., for Secretary of State and the other defendants except those filing separate answers.

MEMORANDUM AND ORDER

VAN SICKLE, District Judge.

This complaint, as presented to the Court, at the outset raises two problems:

1. If it gets so far, is it a proper subject matter for the procedural techniques of a class action? At this time, we think the answer is yes. 2. Is this a matter to be handled by a Three Judge Court pursuant to 28 U.S.C.A. § 2281 and § 2284?

Initially, it is the duty of the United States District...

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