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CONSUMER PARTY v. DAVIS

No. 85-1219.

778 F.2d 140 (1985)

CONSUMER PARTY, Max Weiner, Lance Haver, William Thorn, and Lisa Brannan, Appellants, v. William R. DAVIS, Secretary of the Commonwealth of Pennsylvania, Richard Anderson, Bureau of Legislation, Commissions and Elections, Margaret Tartaglione, Marian Tasco, and John Kane, Commissioners of the City of Philadelphia, Appellees.

United States Court of Appeals, Third Circuit.

Decided November 27, 1985.

Attorney(s) appearing for the Case

David Kairys (argued), Kairys & Rudovsky, Stefan Presser, American Civil Liberties Union, Philadelphia, Pa., for appellants.

Leroy S. Zimmerman, Atty. Gen., Carl Vaccaro (argued), Deputy Atty. Gen., Andrew S. Gordon, Sr. Deputy Atty. Gen., Allen C. Warshaw, Chief Deputy Atty. Gen., Ralph J. Teti, Divisional Deputy City Sol., Pamela Foa, Deputy City Sol., Philadelphia, Pa., for appellees.

Before GARTH, BECKER, and VAN DUSEN, Circuit Judges.

OPINION OF THE COURT

BECKER, Circuit Judge.

Legislators, sharing the human qualities of their constituents, do not always foresee when legislation designed to solve a particular problem may create an equally serious problem. Such was the case when the Pennsylvania General Assembly, in an effort to solve the "ballot clutter" problem on Democratic Party primary election ballots in Philadelphia,

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