WHIG PARTY OF ALABAMA v. SIEGELMAN

Civ. A. No. 80-C-1278-S.

500 F.Supp. 1195 (1980)

WHIG PARTY OF ALABAMA, an unincorporated political association, John W. Watts, Individually, and as Chairman of the Whig Party of Alabama, and Claude H. Rhea, III, and Charles L. Danzey, qualified electors of the Sixth Congressional District of Alabama, for themselves and all others similarly situated, Plaintiffs, v. Don SIEGELMAN, Individually and as Secretary of State of the State of Alabama, O. H. Florence, as Probate Judge of Jefferson County, Alabama, Forrest H. (Fob) James, as Governor of the State of Alabama; and the successors in office of each of said officials of the State of Alabama, Defendants.

United States District Court, N. D. Alabama, S. D.

October 9, 1980.


Attorney(s) appearing for the Case

David J. Vann, Jack E. Held, Birmingham, Ala., for plaintiffs.

William M. Acker, Jr., Edward S. Allen, Birmingham, Ala., for defendants.


FINAL ORDER

CLEMON, District Judge.

Based on the accompanying Memorandum Of Opinion, it is hereby ORDERED, ADJUDGED, DECREED, and DECLARED as follows:

1. § 17-7-1(a)(2) of the Code of Alabama of 1975 as amended, as applied to those political parties ineligible to hold primary elections under Alabama law, violates the Equal Protection Clause of the Fourteenth Amendment to the Constitution...

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