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WHITCOMB v. YOUNG

No. 1171S342.

279 N.E.2d 566 (1972)

Governor Edgar D. WHITCOMB et al., Appellants, v. Esther Jean YOUNG, and Arthur Rhea, On Behalf of Themselves and All Other Citizens of the State of Indiana, Appellees.

Supreme Court of Indiana.

March 7, 1972.

Attorney(s) appearing for the Case

Theodore L. Sendak, Atty. Gen. of Ind., Edward W. Johnson, Deputy Atty. Gen., Paul G. Roland, Indianapolis, for Thurman M. DeMoss, Member, Indiana Election Bd.

Buena Chaney, Mann, Mann, Chaney, Johnson & Hicks, Terre Haute, John R. Price, Carmel, Frank E. Spencer, Indianapolis, for appellees.

PER CURIAM:

This is an appeal from a summary judgment of the Marion Circuit Court in favor of Plaintiffs-Appellees upon their "Complaint for Declaratory Judgment."

The Complaint is against the Members of the Indiana State Election Board and alleges, in part:

"3. That Defendants will shortly prepare for the election of State Officials in the 1972 election; that the voters of Indiana on November 3, 1970 adopted an Amendment to Article 6, § 1 of...

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