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MARSHALL v. MEADOWS

No. 96-1685.

105 F.3d 904 (1997)

Robert G. MARSHALL; Patrick M. McSweeney, Plaintiffs-Appellants, v. M. Bruce MEADOWS, Individually and in his official capacity as Secretary and a member of the State Board of Elections; Pamela L. Clark, Individually and in her official capacity as a member of the State Board of Elections; George M. Hampton, Sr., Individually and in his official capacity as a member of the State Board of Elections, Defendants-Appellees, and John Warner, Senator, Intervenor-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided January 24, 1997.

Attorney(s) appearing for the Case

ARGUED: Daniel A. Carrell, Carrell & Rice, Richmond, Virginia, for Appellants. James Walter Hopper, Office of the Attorney General of Virginia, Richmond, Virginia; Robert Hewitt Pate, III, Richmond, Virginia, for Appellees. ON BRIEF: Robert C. Rice, Carrell & Rice, Richmond, Virginia, for Appellants. James S. Gilmore, III, Attorney General of Virginia, A. Ann Berkebile, Office of the Attorney General of Virginia, Richmond, Virginia; Lewis F. Powell, III, Sarah C. Johnson, Richmond, Virginia, for Appellees.

Before HAMILTON, LUTTIG, and WILLIAMS, Circuit Judges.

OPINION

HAMILTON, Circuit Judge:

Robert G. Marshall and Patrick M. McSweeney (the plaintiffs) appeal the district court's dismissal of their complaint for lack of subject matter jurisdiction. See Fed. R.Civ.P. 12(b)(1). We conclude the district court correctly dismissed the plaintiffs' complaint, and accordingly, we dismiss the appeal.

I.

On February 21, 1995, incumbent United States...

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