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REDFEARN v. DELAWARE REPUBLICAN STATE COMMITTEE

No. 73-1916.

502 F.2d 1123 (1974)

B. Wilson REDFEARN et al., Individually and on behalf of all others similarly situated v. DELAWARE REPUBLICAN STATE COMMITTEE, and Chairman Herman C. Brown, Defendants, Basil R. Battaglia et al., Intervening Defendants, James H. Baxter, Jr., et al., Intervening Defendants, Charles G. Lamb et al., Individually and as officers of the Kent County Republican Committee, Intervening Defendants, Delaware Republican State Committee and Herman C. Brown, Chairman, Defendants, Basil R. Battaglia et al., Intervening Defendants, Appellants.

United States Court of Appeals, Third Circuit.

Decided July 29, 1974.

Attorney(s) appearing for the Case

William O. LaMotte, III, Thomas Reed Hunt, Jr., Morris, Nichols, Arsht & Tunnell, Wilmington, Del., for appellees.

Victor F. Battaglia, Gary W. Aber, Biggs & Battaglia, Wilmington, Del., for appellant Basil R. Battaglia.

A. Richard Barros, Brown, Shiels & Barros, Dover, Del., for appellants Charles G. Lamb, Evelyn H. Greenwood, Allen Hedgecock, Allen Haas, Andrea L. Barros and John David.

William Swain Lee, Betts & Lee, Georgetown, Del., for appellants Delaware Republican State Committee and Herman C. Brown, Chairman.

Howard T. Ennis, Jr., Georgetown, Del., for appellants James H. Baxter, Jr., George A. Bramhall, Florence E. Craemer, Harvey H. Lawson and William D. Stevenson, Sr.

OPINION OF THE COURT

GIBBONS, Circuit Judge.

This appeal involves, but unfortunately does not resolve, the conflict between two constitutionally protected interests; the right of freedom of association for the achievement of desired political ends —protected by the first amendment—and the right to have one's vote in an election for public office given equal weight with that of other voters—protected by the equal protection clause of...

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