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LISTER v. LUCEY

No. 77-1757.

575 F.2d 1325 (1978)

Thomas E. LISTER et al., Plaintiffs-Appellants, v. Patrick J. LUCEY et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided May 4, 1978.

Attorney(s) appearing for the Case

Daniel W. Hildebrand, Madison, Wis., for plaintiffs-appellants.

Betty R. Brown, Asst. Atty. Gen., Wisconsin Dept. of Justice, Madison, Wis., for defendants-appellees.

Before SWYGERT, CUMMINGS and TONE, Circuit Judges.

CUMMINGS, Circuit Judge.

About six and one-half years ago, plaintiffs commenced this action in the Western District of Wisconsin challenging the constitutionality of a Wisconsin statute. After part of their complaint was dismissed, in 1973 the district judge abstained on the authority of Railroad Commission of Texas v. Pullman Co., 312 U.S. 496, 61 S.Ct. 643, 85 L.Ed. 971, and retained jurisdiction while plaintiffs sought relief...

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