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HELLEBUST v. BROWNBACK

Nos. 93-3164, 93-3238.

42 F.3d 1331 (1994)

Lynn HELLEBUST, John R. Craft, Kansas Natural Resource Council, and Common Cause of Kansas, Plaintiffs-Counter-Defendants/Appellees, v. Sam BROWNBACK, in his official capacity as Secretary of the Kansas State Board of Agriculture; Jay Armstrong; Victor Krainbill; Alvin Epler; Altis Ferree; Thayne Larson; Ralph H. Rindt; F.E. Bliss; Lois Schlickau; Floyd O. Coen; Bob L. Moore; Anne Marie Worley; Art Howell, in their capacities as members of the Kansas Board of Agriculture, Defendants-Counter-Claimants/Appellants.

United States Court of Appeals, Tenth Circuit.

December 19, 1994.

Attorney(s) appearing for the Case

William J. Craven (Donn J. Everett of Everett, Seaton, Miller, and Bell, Manhattan, KS, with him on the briefs), Lecompton, KS, for plaintiffs-counter-defendants/appellees.

David D. Plinsky, Asst. Atty. Gen. (Robert T. Stephan, Atty. Gen., with him on the briefs), Topeka, KS, for defendants-counter-claimants/appellants.

Before MOORE, LAY, and MCWILLIAMS, Circuit Judges.

JOHN P. MOORE, Circuit Judge.

This appeal involves the constitutionality of the procedure of electing members to the Kansas State Board of Agriculture (Board). Challenged here is the district court's order declaring the current statutory method violates the Equal Protection Clause of the Fourteenth Amendment and enjoining the Board from conducting further elections until the Kansas State Legislature enacts a scheme consistent with the principles set out in Reynolds...

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