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COMMUNIST PARTY v. AUSTIN

Civ. No. 39798.

381 F.Supp. 554 (1974)

COMMUNIST PARTY et al., Plaintiffs, v. Richard AUSTIN, Individually and as Secretary of State of the State of Michigan, and Bernard J. Apol, Individually and as Director of Elections and Secretary of the Board of Canvassers of the State of Michigan, Defendants.

United States District Court, E. D. Michigan, S. D.

September 6, 1974.

Attorney(s) appearing for the Case

Richard Soble, Goodman, Eden, Millender, Goodman & Bedrosian, Detroit, Mich., for plaintiffs.

Charles D. Hackney, Asst. Atty. Gen., Lansing, Mich., for defendants.

MEMORANDUM AND ORDER

Before O'SULLIVAN, Senior Circuit Judge, THORNTON, Senior District Judge, and DeMASCIO, District Judge.

DeMASCIO, District Judge.

The Michigan Election Code [M.C.L. A. § 168.685] provides that a new or minor political party may obtain ballot position by filing petitions bearing the signatures of qualified electors equal to 1% of the total vote cast for the successful candidate for Secretary of State. Having thus obtained...

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