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DILLON v. EVANS

No. 76-1477.

549 F.2d 183 (1977)

Malcolm DILLON, Plaintiff-Appellant, v. Ernestine EVANS, Secretary of State, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided February 10, 1977.

Attorney(s) appearing for the Case

Malcolm Dillon, pro se.

Toney Anaya, Atty. Gen., Charles E. Roybal, Asst. Atty. Gen., Santa Fe, N.M., filed memorandum in support of summary action on behalf of defendant-appellee.

Before PICKETT, Senior Circuit Judge, and McWILLIAMS and BARRETT, Circuit Judges.

PER CURIAM.

Appellant Dillon filed suit in the United States District Court for the District of New Mexico challenging the constitutionality of portions of the New Mexico Primary Election Law, N.M.S.A. § 3-8-1, et seq. Included was a request that the district court convene a three-judge court pursuant to 28 U.S.C. § 2281 and § 2284 to consider the challenge to the New Mexico statutes. Dillon's first attempted appeal in this case was dismissed for the...

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