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McCARTHY v. BRISCOE

No. 76-3539.

553 F.2d 1005 (1977)

Eugene J. McCARTHY et al., Plaintiffs-Appellants, v. Dolph BRISCOE, Governor of Texas, and Mark W. White, Jr., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied July 25, 1977.

Attorney(s) appearing for the Case

Don Gladden, Fort Worth, Tex., John C. Armor, Baltimore, Md., for plaintiffs-appellants.

John L. Hill, Atty. Gen. of Tex., David M. Kendall, 1st Asst. Atty. Gen., Austin, Tex., for defendants-appellees.

Before AINSWORTH and MORGAN, Circuit Judges, and LYNNE, District Judge.

LYNNE, District Judge:

Plaintiffs-Appellants brought this action pursuant to 42 U.S.C. §§ 1983 and 1985, and 28 U.S.C. §§ 1343(3)(4), 2201, 2281, and 2284 for injunctive and declaratory relief seeking annulment and interdicting future enforcement of Texas laws which prohibit electoral consideration of independent candidates for the offices of President and Vice-President of the United States of America. The suit was filed July 30, 1976,

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