McCURDY v. STEELE

No. 73-1794.

506 F.2d 653 (1974)

Molley McCURDY et al., Appellees, v. Hubert STEELE et al., Appellants.

United States Court of Appeals, Tenth Circuit.

Decided October 18, 1974.

Rehearing Denied January 10, 1975.


Attorney(s) appearing for the Case

John Paul Kennedy, Salt Lake City, Utah (John S. Boyden, Stephen G. Boyden, and Scott C. Pugsley, Salt Lake City, Utah, with him on the brief), for appellants.

Thomas E. Luebben, Jr., Native American Legal Defense & Ed. Fund, Inc., Albuquerque, N. M., for appellees.

Before SETH and HOLLOWAY, Circuit Judges, and TALBOT SMITH, Senior District Judge.


SETH, Circuit Judge.

This action was commenced by the appellees who are members of an Indian Tribe and whose names appeared on the ballot at the tribal election of members of the Business Council for the Tribe. The suit challenges the validity of the votes cast for the write-in candidates at the election asserting a violation of their rights under the tribal constitution and under the equal protection and due process clauses of the Indian Civil Rights Act [25 U.S...

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