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LaROUCHE v. STATE BD. OF ELECTIONS

No. 84-1324.

758 F.2d 998 (1985)

Lyndon H. LaROUCHE, Jr., Thomas Allred, Barbara Schlageter, Marsha Allred, Ruby Gardiner, and Nancy T. Landsperger, Appellees, v. STATE BOARD OF ELECTIONS; Robert W. Spearman, Chairman; Alex K. Brock, Executive Secretary; Elloree M. Erwin, Ruth T. Semashko, William A. Marsh, Jr., and Robert R. Browning, Appellants.

United States Court of Appeals, Fourth Circuit.

Decided April 4, 1985.

Attorney(s) appearing for the Case

Rufus L. Edmisten, Atty. Gen., James Wallace, Jr., Deputy Atty. Gen., Raleigh, N.C., for Legal Affairs on brief, for appellants.

Odin P. Anderson, Boston, Mass., Robert L. Rossi, Cambridge, Mass., on brief, for appellees.

Before PHILLIPS and CHAPMAN, Circuit Judges, and MICHAEL, United States District Judge for the Western District of Virginia, sitting by designation.

MICHAEL, District Judge:

This appeal concerns a preliminary injunction requiring the state of North Carolina to place the name of Lyndon H. LaRouche on the presidential primary ballot for the state's 1984 primary election. The state had previously refused to place LaRouche's name on the primary ballot because the state's Board of Elections determined that LaRouche had not met all the requirements of the applicable state statute. Following the district court's entry...

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