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GALLAGHER v. EVANS

No. 75-1515.

536 F.2d 899 (1976)

Peter GALLAGHER, Plaintiff-Appellant, v. Ernestine D. EVANS, Secretary of State, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided June 3, 1976.

Rehearing Denied June 22, 1976.

Attorney(s) appearing for the Case

William S. Dixon, Albuquerque, N.M. (Rodey, Dickason, Sloan, Akin & Robb, Albuquerque, N.M., on the brief), for plaintiff-appellant.

Andrea Buzzard, Asst. Atty. Gen., Santa Fe, N.M. (Toney Anaya, Atty. Gen., Santa Fe, N.M., on the brief), for defendant-appellee.

Before BARRETT, BREITENSTEIN and DOYLE, Circuit Judges.

BREITENSTEIN, Circuit Judge.

This is a civil rights suit brought under 42 U.S.C. § 1983 with jurisdiction asserted under 28 U.S.C. § 1343(3). The plaintiffs were candidates for various offices in the June 6, 1972, New Mexico primary election. They paid the filing fees imposed by N.M.Stats.Ann., 1953, § 3-8-26. The fees were paid under protest to the Secretary of State and have been held in a suspense account. No personal relief is sought against the...

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