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BACHUR v. DEMOCRATIC NAT. PARTY

Nos. 87-3872(L), 87-3875 and 87-3876.

836 F.2d 837 (1987)

Nicholas BACHUR, Sr., Plaintiff-Appellee, v. DEMOCRATIC NATIONAL PARTY; Democratic National Committee; Maryland State Democratic Party; Marie M. Garber, in her official capacity as Administrator of the Maryland State Administrative Board of Election Laws; Defendants-Appellants, The National Organization for Women (Now), The Fund for the Feminist Majority and the National Women's Political Caucus (NWPC); The New York State Democratic Committee (NYSDC); The West Virginia Democratic Party, Defendants-Amici Curiae. Nicholas BACHUR, Sr., Plaintiff-Appellee, v. MARYLAND STATE DEMOCRATIC PARTY; Defendant-Appellant, The National Organization for Women (Now), The Fund for the Feminist Majority and the National Women's Political Caucus (NWPC); The New York State Democratic Committee (NYSDC); The West Virginia Democratic Party, Defendants-Amici Curiae, and The Democratic National Party; Democratic National Committee; Marie M. Garber, in her official capacity as Administrator of the Maryland State Administrative Board of Election Laws, Defendants. Nicholas BACHUR, Sr., Plaintiff-Appellee, v. Marie M. GARBER, in her official capacity as Administrator of the Maryland State Administrative Board of Election Laws; Defendant-Appellant, The National Organization for Women (Now), The Fund for the Feminist Majority and the National Women's Political Caucus (NWPC); The New York State Democratic Committee (NYSDC); The West Virginia Democratic Party, Defendants-Amici Curiae, and Democratic National Party; Democratic National Committee; Maryland State Democratic Party, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided December 29, 1987.

Attorney(s) appearing for the Case

George Albert Nilson (Lee Baylin, Stephen H. Kaufman, Piper & Marbury on brief), John T. Willis (Blades & Rosenfeld, J. Joseph Curran, Jr., Jack Schwartz, Baltimore, Md., Linda Lamone, Office of the Atty. Gen., Annapolis, Md., Joseph A. Rieser, Jr., Reed, Smith, Shaw & McClay, Washington, D.C., on brief), for appellants.

G. Stewart Webb, Jr. (Kathleen M. McDonald, Venable, Baetjer & Howard, Baltimore, Md., on brief), for appellee.

(Lena S. Zezulin, Thomas J. Hart, Thomas Hart & Associates, Washington, D.C., on brief), for amici curiae National Organization for Women, The Fund For the Feminist Majority, and National Women's Political Caucus.

(Paul, Weiss, Rifkind, Wharton & Garrison, Washington, D.C., on brief), for amicus curiae New York State Democratic Committee.

(Steven F. White, Goodwin & Goodwin, Charleston, W. Va., on brief), for amicus curiae West Virginia Democratic Party.

Before WINTER, Chief Judge, SPROUSE, Circuit Judge, and HAYNSWORTH, Senior Circuit Judge.

HARRISON L. WINTER, Chief Judge:

In a suit by Nicholas R. Bachur, Sr., a registered Democrat, the district court ruled that Rule 6C of the Delegate Selection Rules for the 1984 Democratic National Convention as implemented in Maryland infringed Bachur's fundamental right to vote in an election for delegates to the national convention to select the Party's candidates for President and Vice-President. As implemented, Rule 6C required Bachur to allocate his votes on...

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