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ARUTUNOFF v. OKLAHOMA STATE ELECTION BD.

No. 81-1379.

687 F.2d 1375 (1982)

Anatoly ARUTUNOFF, Kathie M. Lee, Beverly Chansolme, Bob Miller, Tom Laurent, Paul Woodard, Jim Sessions, Thomas G. Winter, Dan Phillips, Lynn Crussel, and Gordon Mobley, Plaintiffs-Appellants, v. The OKLAHOMA STATE ELECTION BOARD; Grace Hudlin, Chairman of the Oklahoma State Election Board; Drew Neville, Vice-Chairman of the Oklahoma State Election Board; and Lee Slater, Secretary of the Oklahoma State Election Board, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied October 14, 1982.

Attorney(s) appearing for the Case

James C. Linger and Michael L. Seymour of Butler, Steinke & Linger, Tulsa, Okl., for plaintiffs-appellants.

James B. Franks, Asst. Atty. Gen., Oklahoma City, Okl. (Jan Eric Cartwright, Atty. Gen. of Okl., Gary W. Gardenhire, Asst. Atty. Gen., Chief, Civ. Div., and Michael F. Fouts, Asst. Atty. Gen., Oklahoma City, Okl., with him on the brief), for defendants-appellees.

Before McWILLIAMS, SEYMOUR and BREITENSTEIN, Circuit Judges.

McWILLIAMS, Circuit Judge.

Eleven persons, all residents of the State of Oklahoma and registered members of the Libertarian Party of Oklahoma, brought a class action suit pursuant to 42 U.S.C. § 1983 (1976) against the Oklahoma State Election Board and various Oklahoma election officials, claiming that their rights under the first and fourteenth amendments to the United States Constitution were about to be violated by the defendants acting under the color of...

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