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CHILDREY v. BENNETT

No. 92-6895.

997 F.2d 830 (1993)

Pearlie M. CHILDREY; Gwendolyn Patton, Plaintiffs-Appellants, v. Jim BENNETT, in his Official Capacity as Secretary of State for the State of Alabama, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

August 5, 1993.

Attorney(s) appearing for the Case

Lewis Pitts, Durham, NC, for plaintiffs-appellants.

James H. Evans, Jeffrey Harris Long, Attys. Gen., Montgomery, AL, for defendant-appellee.

Before BIRCH, Circuit Judge, CLARK, Senior Circuit Judge, and HOEVELER, Senior District Judge.

HOEVELER, Senior District Judge:

This appeal involves a factual question: whether the Appellant, Gwendolyn Patton, submitted the minimum number of voter signatures required by Alabama law for her to have been named on the ballot as an independent candidate for the November 1992, election for the United States Senate. Having found no clear error in the district court's conclusion that Patton failed to prove by a preponderance of the evidence that she submitted the...

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