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McCARTHY v. ASKEW

No. 76-3593 Summary Calendar.

540 F.2d 1254 (1976)

Eugene J. McCARTHY et al., Plaintiffs-Appellees, v. The Honorable Reubin O'D ASKEW, Governor, et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

October 7, 1976.

Attorney(s) appearing for the Case

Robert L. Shevin, Atty. Gen., Dept. of Legal Affairs, James D. Whisenand, Deputy Atty. Gen., Michael M. Parrish, Asst. Atty. Gen., Tallahassee, Fla., for defendants-appellants.

Terry L. DeMeo, American Civil Liberties Union, Miami, Fla., for plaintiffs-appellees.

Before BROWN, Chief Judge, and GEWIN and MORGAN, Circuit Judges.

PER CURIAM:

We affirm the district court order that the name of Eugene J. McCarthy be placed on the Florida ballot as an independent candidate for the presidency. We find no material difference between this case and McCarthy v. Briscoe, ___ U.S. ___, 97 S.Ct. 10, 50 L.Ed.2d 49 (1976) (Powell, J., in chambers), where Mr. Justice Powell, reversing in part a holding of this court in another case and approving the district court opinion in the instant case, stated...

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