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SOCIALIST WORKERS PARTY v. MARCH FONG EU

No. 77-1031.

591 F.2d 1252 (1978)

SOCIALIST WORKERS PARTY, Ken Miliner, La Raza Unida Party, Andres Rodrigues Torres, Prohibition Party, William Scalf, Socialist Labor Party, Herbert Steiner, Libertarian Party, Elizabeth Jacobsen, Susan Margolia, Appellees, v. MARCH FONG EU, Secretary of State of the State of California, Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied January 26, 1979.

Attorney(s) appearing for the Case

Charlton G. Holland, Deputy Atty. Gen. (argued), San Francisco, Cal., for appellant.

Ray Hendrickson (argued), Newport Beach, Cal., for appellees.

Before TRASK and SNEED, Circuit Judges, and RICHEY, District Judge.

SNEED, Circuit Judge:

This case considers a challenge to section 10210 of the California Elections Code under the First and Fourteenth Amendments. Appellant appeals from one part of the decision of a three-judge district court holding unconstitutional as applied to candidates for non-statewide offices section 10210 (unless otherwise indicated, all code references are to the Cal.Elec.Code). This section specifies that candidates of political parties qualified to participate...

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