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HEARNE v. SMYLIE

No. 3815.

225 F.Supp. 645 (1964)

Walter R. HEARNE and Stanley E. Whitman, Plaintiffs, v. Robert E. SMYLIE, Governor of the State of Idaho, et al., Defendants.

United States District Court D. Idaho, S. D.

January 10, 1964.

Attorney(s) appearing for the Case

McDevitt & McDevitt, H. J. McDevitt, Pocatello, Idaho, Anthony A. Nelson, Boise, Idaho, for plaintiffs.

Allan G. Shepard, Atty. Gen., of Idaho, Keith Schofield, Asst. Atty. Gen., Boise, Idaho, for defendants Allan G. Shepard, Atty. Gen., Arnold Williams, Secretary of State, Joe Williams, State Auditor, Marjorie Moon, State Treasurer.

Martin V. Huff, Asst. Prosecuting Atty., of Ada County, Boise, Idaho, for County Commissioners & Auditor of Ada County.

Hugh Maguire, Pros. Atty., Bannock County, Pocatello, Idaho, for the County Commissioners and Auditor of Bannock County.

Elam, Burke, Jeppesen & Evans, Blaine F. Evans, Boise, Idaho, for Governor Robert E. Smylie.

Before KOELSCH, Circuit Judge, and MATHES and FRED M. TAYLOR, District Judges.

PER CURIAM:

Plaintiff Hearne, a resident of Pocatello and a qualified voter in Bannock County, Idaho, and plaintiff Whitman, a resident of Boise and a qualified voter in Ada County, Idaho, commenced this action on November 1, 1962, seeking a declaratory judgment and equitable relief against the Governor, the Attorney General, and various other State and county officials of the State of Idaho. In keeping with the mandate of 28 U.S.C. § 2281, a three-judge court...

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