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HESS v. HECHLER

Civil Action No. 2:92-0807.

925 F.Supp. 1140 (1995)

Karl HESS, Christine Fishbeck, Brian Horton, the Libertarian National Committee, and the West Virginia Libertarian Party, Plaintiffs, v. Ken HECHLER, Secretary of State, Defendant.

United States District Court, S.D. West Virginia, Charleston Division.

March 31, 1995.

Attorney(s) appearing for the Case

Robert M. Batress, Jr., Morgantown, WV, for plaintiffs.

Darrell V. McGraw, Jr., Office of Attorney General, Charleston, WV, A. Renee, Special Assistant Attorney General, Deputy Secretary of State, Office of Secretary of State, Charleston, WV, Barry L. Koerber, Assistant Atty. Gen., Office of Attorney General, Charleston, WV, for defendant.

MEMORANDUM ORDER

COPENHAVER, District Judge.

This matter is before the court on plaintiffs' complaint for a permanent injunction prohibiting the defendant from enforcing West Virginia's statutory imposition of a primary eve deadline for the filing of signatures in support of minor party and independent candidate nominating petitions for public offices other than president and vice president, W.Va.Code § 3-5-24. In their complaint, plaintiffs...

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