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SUTHERLAND v. DeWULF

Civ. A. No. RI-331.

323 F.Supp. 740 (1971)

Linda Marie SUTHERLAND, Roxana Margurite Schultz and Tonia Sue Papke, Plaintiffs, v. James N. DeWULF, as State's Attorney of Rock Island County, Illinois, Defendant.

United States District Court, S. D. Illinois, N. D.

February 23, 1971.

Attorney(s) appearing for the Case

Peter Denger, Rock Island, Ill., Thomas M. Kelly, Jr., Davenport, Iowa, for plaintiffs.

James N. DeWulf, State's Atty., Rock Island, Ill., for defendant.

Before PELL, Circuit Judge, POOS, Chief District Judge, and MORGAN, District Judge.

OPINION AND ORDER

ROBERT D. MORGAN, District Judge.

This cause is before the court on defendant's motion to dismiss. Plaintiffs are seeking declaratory and injunctive relief under 28 U.S.C. §§ 1343(3), 2201, 2202 and 42 U.S.C. § 1983. The complaint requests that the second paragraph of § 6 of chapter 56¼, Illinois Revised Statutes, be declared void on its face as in conflict with the Constitution of the United States; and that the...

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