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SWAMP v. KENNEDY

Nos. 90-2781, 90-2884.

950 F.2d 383 (1991)

George SWAMP, John Hendrick and Labor-Farm Party/Partido Laborista-Agrario, Plaintiffs-Appellants, v. Kevin KENNEDY, individually and as Executive Director, Wisconsin State Board of Elections, and Peter R. Dohr, Thomas P. Godar, Mark E. Sostarich, Robert L. Turner, John Niebler, David W. Opitz, Brent Smith and Kit Sorenson, individually, and as Members, Wisconsin State Board of Elections, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided December 3, 1991.

Rehearing and Rehearing Denied February 11, 1992.

Attorney(s) appearing for the Case

Sarah Siskind, Davis, Miner, Barnhill & Galland, Joel E. Rogers (argued), Madison, Wis., for plaintiffs-appellants.

Donald J. Hanaway, Atty. Gen., Alan Lee (argued), Wis. Dept. of Justice, Madison, Wis., for defendants-appellees.

Before MANION and KANNE, Circuit Judges, and FAIRCHILD, Senior Circuit Judge.

Rehearing and Rehearing En Banc Denied February 11, 1992.

KANNE, Circuit Judge.

George Swamp, John Hendrick and the political party of which they are members, the Labor-Farm Party/Partido Laborista-Agrario (collectively the "Labor-Farm Party"), challenge the constitutionality of Wisconsin's statutory ban on "multiple party nominations," which prohibits a candidate from being nominated by more than one party for the same office in the same election.

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