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MacBRIDE v. EXON

No. 76-1925.

558 F.2d 443 (1977)

Roger MacBRIDE, Gayle R. Arch, Burton Jay, Guy Curtis and Daniel H. Haak, Appellees, v. The Honorable J. James EXON, Governor of the State of Nebraska, and the Honorable Allen J. Beermann, Secretary of State of the State of Nebraska, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided June 29, 1977.

Attorney(s) appearing for the Case

Terry R. Schaaf, Asst. Atty. Gen., Lincoln, Neb., for appellants; Paul L. Douglas, Atty. Gen., Lincoln, Neb., on brief.

Thomas J. Culhane, Omaha, Neb., for appellees.

Before MATTHES, Senior Circuit Judge, and WEBSTER and HENLEY, Circuit Judges.

HENLEY, Circuit Judge.

In 1976 appellee, Roger MacBride, and David Bergland were, respectively, the duly nominated candidates of the Libertarian Party for the offices of President and Vice President of the United States. Efforts of Nebraska supporters of the Libertarian Party to place MacBride's name on the Nebraska general election ballot were frustrated by the application to him of the provisions of Neb.Rev.Stat. §...

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