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McLAIN v. MEIER

No. 80-1656.

637 F.2d 1159 (1980)

Harley McLAIN, Appellant, v. Ben MEIER, Secretary of State and Allen Olson, Attorney General, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided October 21, 1980.

Rehearing Denied October 28, 1980.

Attorney(s) appearing for the Case

Stephen L. Pevar, American Civil Liberties Union, Denver, Colo., for appellant.

Brian R. Bjella, Asst. Atty. Gen., Bismarck, N. D., for appellees.

Before HENLEY and McMILLIAN, Circuit Judges, and VAN PELT, District Judge.

HENLEY, Circuit Judge.

Harley McLain, an independent candidate for the United States Congress from North Dakota in the November, 1978 election, appeals the district court's1, 496 F.Supp. 462, denial of declaratory and permanent injunctive relief, alleging that his constitutional rights under the first and fourteenth amendments have been violated by three of

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