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WOOD v. MEADOWS

No. 96-1832.

117 F.3d 770 (1997)

George R. WOOD, a/k/a George R. "Tex" Wood, Plaintiff-Appellee. v. M. Bruce MEADOWS, Secretary of the State Board of Elections, Commonwealth of Virginia, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided July 1, 1997.

Attorney(s) appearing for the Case

ARGUED: James Walter Hopper, Senior Assistant Attorney General, Office of the Attorney General, Richmond, VA, for Appellant. Matthew Dean Pethybridge, Kratman, Pethybridge & Swindell, P.C., Blacksburg, VA, for Appellee. ON BRIEF: James S. Gilmore, III, Attorney General of Virginia, David E. Anderson, Chief Deputy Attorney General, Frank S. Ferguson, Deputy Attorney General, Office of the Attorney General, Richmond, VA, for Appellant.

Before LUTTIG, Circuit Judge, COPENHAVER, United States District Judge for the Southern District of West Virginia, sitting by designation, and MICHAEL, Senior United States District Judge for the Western District of Virginia, sitting by designation.

Reversed and remanded by published opinion. Judge LUTTIG wrote the opinion, in which Judge COPENHAVER and Senior Judge MICHAEL joined.

OPINION

LUTTIG, Circuit Judge:

Plaintiff-appellee George R. Wood sought to have his name included on the Commonwealth's November 1994 general election ballot as an independent candidate for the United States Senate. Because Wood had failed to comply with Virginia's filing deadline for independent candidates, see...

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