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MOORE v. KUSPER

No. 72-1197.

465 F.2d 256 (1972)

Donald Page MOORE, Candidate for State's Attorney in the Democratic Primary Election, and Bernard Carey, Candidate for State's Attorney in the Republican Primary Election, Plaintiffs-Appellants, v. Stanley T. KUSPER, Jr., et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided July 18, 1972.

Rehearing Denied September 7, 1972.

Attorney(s) appearing for the Case

Peter C. John, Marshall Patner, Chicago, Ill., for plaintiffs-appellants.

Sophia H. Hall, William R. Ming, Jr., Aldus S. Mitchell, Chicago, Ill., for defendants-appellees.

Before SWYGERT, Chief Judge, and KILEY and CUMMINGS, Circuit Judges.

SWYGERT, Chief Judge.

This is an appeal from the district court's dismissal of plaintiffs' complaint and emergency motion for preliminary injunction in which they sought to enjoin the March 21, 1972 primary election on the basis of violations of the Illinois Election Code by the Board of Election Commissioners of the City of Chicago. On March 16, 1972 plaintiffs filed an emergency appeal with this court for an injunction pending appeal. That motion was denied on March...

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