SMITH v. CHERRY

No. 73-1330.

489 F.2d 1098 (1973)

Ronald C. SMITH and John Chester, Plaintiffs-Appellants, v. Robert CHERRY et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided November 27, 1973.

Rehearing Denied January 4, 1974.


Attorney(s) appearing for the Case

Bernard Weisberg, James P. Chapman, Chicago, Ill., for plaintiffs-appellants.

Daniel Nagle, Aldus S. Mitchell, Claude B. Kahn, William J. Scott, Chicago, Ill., for defendants-appellees.

Before O'SULLIVAN, Senior Circuit Judge, and KILEY and CUMMINGS, Circuit Judges.


PER CURIAM.

This appeal is from the district court's judgment granting defendants' motions to dismiss the first amended complaint, as amended, for failure to state a claim upon which relief can be granted. That pleading, the allegations of which must presently be taken as true, discloses the following:

Plaintiff Ronald C. Smith was a candidate in the March 21, 1972, Democratic primary for the office of state senator from the 12th Illinois Senatorial District...

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