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PHILLIPS v. HECHLER

No. Civ.A. 6:00-0894.

120 F.Supp.2d 587 (2000)

Howard PHILLIPS, et al., Plaintiffs, v. Ken HECHLER, in his official capacity as Secretary of State for the State of West Virginia, Defendant.

United States District Court, S.D. West Virginia, Parkersburg Division.

November 3, 2000.

Attorney(s) appearing for the Case

Robert M. Bastress, Jr., Morgantown, WV, for Plaintiffs.

Robert D. Williams, Asst. Atty. General, Charleston, WV, for Defendant.

MEMORANDUM OPINION AND ORDER

GOODWIN, District Judge.

On October 19, 2000, and with the consent of the parties, the court consolidated the plaintiffs' motion for preliminary injunction with a trial on the merits pursuant to Federal Rule of Civil Procedure 65(a)(2). Neither party objected to the consolidation. The plaintiffs submitted the issue on oral argument and brief; the defendant submitted the issue on oral argument. The court ORDERED a...

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