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BRECK v. MICHIGAN

No. 98-CV-74677.

47 F.Supp.2d 880 (1999)

Hon. David BRECK, Hon. William Lucas, Hon. Clayton E. Preisel, Hon. Michael Schwartz, and Hon. George E. Montgomery, Plaintiffs, v. State of MICHIGAN, Michigan Department of State, Bureau of Elections, Secretary of State Candice Miller, Chief Elections Officer, and Marlene M. Bruns, Clerk for the County of Lapeer, Defendants.

United States District Court, E.D. Michigan, Southern Division.

May 4, 1999.

Attorney(s) appearing for the Case

Mayer Morganroth, Southfield, MI, Michael J. Lebow, Farmington Hills, MI, for plaintiff.

S. Randall Field, Marcelyn A. Stepanski, Johnson, Rosati, LaBarge, Aseltyne & Field, PC, Farmington Hills, MI, for defendant Bruns only.

Gary P. Gordon, Asst. Attorney General, Lansing, MI, for all defendants other than Bruns.

OPINION AND ORDER

FEIKENS, District Judge.

Introduction

Plaintiffs, the Hon. David Breck, the Hon. William Lucas, the Hon. Clayton E. Preisel, the Hon. Michael Schwartz, and the Hon. George E. Montgomery, (collectively "the judges") have relied upon the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution to challenge the legitimacy of a Michigan election law that will disqualify them on the basis of age from seeking...

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