MURRAY v. KAPLE

No. Civ.A. 2:99-2523-23.

66 F.Supp.2d 745 (1999)

William H. MURRAY, J. Neil Lewis, John Corcoran, and Robert L. Miller, Plaintiffs, v. Robert KAPLE, Franklin McCray, J.W. Kramer, and Waccamaw Neck Civic Association, Defendants.

United States District Court, D. South Carolina, Charleston Division.

September 24, 1999.


Attorney(s) appearing for the Case

Robert J. Moran, Jr., Murrells Inlet, SC, for plaintiffs.

David J. Gundling, Gundling & Kelaher, P.A., Pawleys Island, SC, Susan L. Moody, Office of Secretary of State, Columbia, SC, for defendants.


ORDER

DUFFY, District Judge.

This matter, in which the plaintiffs seek a declaration of the constitutionality of an upcoming municipal election, is before the court upon defendants' motions to dismiss, and cross-motions for summary judgment. For the foregoing reasons, the defendants' motions to dismiss are denied, and the plaintiffs' motion for summary judgment is granted. Defendants' motions for summary judgment are denied. The challenged state statute...

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