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McCARTHY v. TRIBBITT

Civ. A. No. 76-300.

421 F.Supp. 1193 (1976)

Eugene J. McCARTHY et al., Plaintiffs, v. The Honorable Sherman TRIBBITT, Governor of the State of Delaware, et al., Defendants.

United States District Court, D. Delaware.

September 16, 1976.

Attorney(s) appearing for the Case

Paul P. Welsh, Morris, Nichols, Arsht & Tunnell, Wilmington, Del., for plaintiffs.

A. Gary Wilson, Deputy Atty. Gen., Dept. of Justice, Wilmington, Del., for defendants.

OPINION

MURRAY M. SCHWARTZ, District Judge.

The plaintiffs in this case have filed suit seeking a judgment declaring the Delaware election law unconstitutional and a mandatory injunction ordering the names of former Senator Eugene J. McCarthy and John H. Stouffer placed on the November, 1976, general election ballot. The defendants have waived their right to trial and have submitted the case for final judgment...

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