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PETUSKEY v. CLYDE

Civ. No. C7-63.

234 F.Supp. 960 (1964)

William G. PETUSKEY, Robert A. Bullough, Clinton M. Black and Farrol R. Lambert, Plaintiffs, v. George D. CLYDE, as Governor of the State of Utah; Lamont F. Toronto, as Secretary of State of the State of Utah; Sherman J. Preece, as Auditor of the State of Utah; Sharp M. Larsen, as Treasurer of the State of Utah; A. Pratt Kesler, as Attorney General of the State of Utah; Alvin Keddington, as County Clerk of the County of Salt Lake, State of Utah; C. W. Brady, as County Commissioner of Salt Lake County, State of Utah; Edwin Q. Cannon, as County Commissioner of Salt Lake County, State of Utah; and Marvin G. Jenson, as County Commissioner of Salt Lake County, State of Utah, Defendants.

United States District Court D. Utah, Central Division.

September 12, 1964.

Attorney(s) appearing for the Case

John S. Boyden, Salt Lake City, Utah, for plaintiffs.

A. Pratt Kesler, Atty. Gen. of State of Utah, and Ronald N. Boyce, Chief Asst. Atty. Gen. of State of Utah, for defendants George D. Clyde, Lamont F. Toronto, Sherman J. Preece, Sharp M. Larsen and A. Pratt Kesler.

Grover A. Giles, Salt Lake County Atty., and James A. McIntosh, Deputy County Atty., for defendants Alvin Keddington, C. W. Brady, Edwin Q. Cannon and Marvin G. Jenson.

Before LEWIS, Circuit Judge, and RITTER and CHRISTENSEN, District Judges.

LEWIS, Circuit Judge.

This case was originally filed on January 16, 1963, by plaintiffs as a representative action wherein they sought for themselves as citizens of the United States and of the State of Utah, and as duly qualified voters in Salt Lake County, Utah, and for all other voters in the State of Utah who were similarly situated, a declaration that the provisions of Title 36, U.C.A.1963, as amended by the Laws of Utah 1955, were violative of the Fourteenth...

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