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CHIMENTO v. STARK

Civ. A. No. 72-182.

353 F.Supp. 1211 (1973)

Carmen C. CHIMENTO v. Robert L. STARK, Secretary of State of New Hampshire.

United States District Court, D. New Hampshire.

January 22, 1973.

Attorney(s) appearing for the Case

Philip R. Currier, Smith, Welts & Currier, Nashua, N. H., for plaintiff.

Howard B. Myers, Asst. Atty. Gen., for the State of New Hampshire.

Before CAMPBELL, Circuit Judge, and GIGNOUX and BOWNES, District Judges.

OPINION

BOWNES, District Judge.

This is an action brought pursuant to 28 U.S.C. §§ 2281 and 2284 wherein plaintiff requested a Three-Judge Court to declare unconstitutional and permanently enjoin the enforcement of Part Second, Article 42, of the New Hampshire Constitution.

A Three-Judge Court was duly convened, and a hearing held on November 10, 1972.

The question presented is whether that section of Part Second, Article 42,

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