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MOYER v. NELSON

Civ. No. 10-56-C-1.

324 F.Supp. 1224 (1971)

William MOYER, Plaintiff, v. Dorothy NELSON, Gordon Duffield, Justices of the Peace, Polk County, Iowa, Ray A. Fenton, County Attorney, Polk County, Iowa, Defendants.

United States District Court, S. D. Iowa, C. D.

February 26, 1971.

Attorney(s) appearing for the Case

Donald A. Wine and Dan Johnston, Des Moines, Iowa, for plaintiff.

John Perkins and Philip F. Miller, Asst. County Atty., Des Moines, Iowa, for defendants.

G. Douglas Essy and Michael J. McLaughlin, State of Iowa, for intervenor.

Before VAN OOSTERHOUT, Circuit Judge, STEPHENSON, District Chief Judge, and HANSON, District Judge.

MEMORANDUM OPINION

STEPHENSON, District Chief Judge.

This action is one instituted by William Moyer for injunctive and declaratory relief. At issue is the constitutionality of the Iowa justice of the peace fee system, the claim being that it is unconstitutional on the ground that the fee justice has a substantial pecuniary interest in the outcome of the litigation he handles. A district court of three judges has been convoked, oral argument has been heard...

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