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WILSON v. MOORE

Civ. A. No. 72-6-F.

346 F.Supp. 635 (1972)

W. R. "Squibb" WILSON et al., Plaintiffs, v. Arch A. MOORE, Jr., Governor of the State of West Virginia, et al., Defendants.

United States District Court, N. D. West Virginia. Fairmont Division.

July 24, 1972.

Attorney(s) appearing for the Case

James H. Cheek, III, Nashville, Tenn., Ross Maruka, Fairmont, W. Va., for plaintiffs.

Chauncey H. Browning, Jr., Atty. Gen., Victor A. Barone and Thomas P. O'Brien, Asst. Attys. Gen. of W. Va., Charleston, W. Va., for defendants.

Before FIELD, Circuit Judge, and MAXWELL and CHRISTIE, District Judges.

CHRISTIE, District Judge:

Following many years of public agitation and debate for a constitutional amendment to bar dual office-holding and eradicate conflicts of interest in the legislature of their state government, the voters of West Virginia, at the general election held November 3, 1970, ratified an amendment to that state's constitution, Art. VI, Sec. 13 (1 W.Va.Code 1971 Supp., p. 41), designated the "Legislative

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