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WHITE v. BROWN

No. 72-2560.

468 F.2d 301 (1972)

Oscar WHITE, and all others similarly situated, Plaintiffs-Appellants, v. Edmund G. BROWN, Jr., Secretary of State, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

September 29, 1972.

Attorney(s) appearing for the Case

Thomas J. Gundlach (argued), San Francisco, Cal., for plaintiffs-appellants.

Robert R. Granucci, Deputy Atty. Gen. (argued), William E. James, Edward P. O'Brien, Asst. Attys. Gen., Edward A. Hinz, Jr., Chief Asst. Atty. Gen., Evelle J. Younger, Atty. Gen., San Francisco, Cal., for defendant-appellee.

Before BROWNING, ELY, and WRIGHT, Circuit Judges.

PER CURIAM:

White appeals a dismissal of his action to remove Proposition 17, the California Death Penalty Initiative, from the state's November ballot. That initiative on its face purports to reinstate all of California provisions for the imposition of the death penalty that were in effect on February 17, 1972.1 February 17th is the date the California Supreme Court declared all such provisions violative of the California Constitution...

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