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FISHBECK v. HECHLER

No. 95-1951.

85 F.3d 162 (1996)

Christine FISHBECK; Brian Horton; the Libertarian National Committee; the West Virginia Libertarian Party, Plaintiffs-Appellants, and Karl Hess, Plaintiff, v. Ken HECHLER, Secretary of State, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided June 3, 1996.

Attorney(s) appearing for the Case

ARGUED: Robert Milton Bastress, Jr., West Virginia University College of Law, Morgantown, West Virginia, for Appellants. Daynus Jividen, Office of the Attorney General of West Virginia, Charleston, West Virginia, for Appellee.

Before DONALD S. RUSSELL and MICHAEL, Circuit Judges, and PAYNE, United States District Judge for the Eastern District of Virginia, sitting by designation.

Affirmed by published opinion. Judge DONALD S. RUSSELL wrote the majority opinion, in which Judge MICHAEL joined. Judge PAYNE wrote a dissenting opinion.

OPINION

DONALD S. RUSSELL, Circuit Judge:

The state and national Libertarian Party and two of its members1 challenge West Virginia's primary-election-eve deadline for filing nominating petitions as an unconstitutional restriction on access to the ballot.

In 1992...

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