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WELLFORD v. BATTAGLIA

Civ. A. No. 4327.

343 F.Supp. 143 (1972)

Beverley R. WELLFORD, Plaintiff, v. Basil R. BATTAGLIA, in his capacity as Chairman of the Republican City Committee, et al., Defendants.

United States District Court, D. Delaware.

May 23, 1972.

Attorney(s) appearing for the Case

R. Franklin Balotti, of Richards, Layton & Finger, Wilmington, Del., for plaintiff.

Basil R. Battaglia, pro se.

Kent Walker, and Richard S. Gebelein, Dept. of Justice, Wilmington, Del., for defendants Members of the Board of Elections.

OPINION

STAPLETON, District Judge.

Plaintiff, a registered voter and a would-be candidate for the office of Mayor of the City of Wilmington, here attacks the constitutionality of Section 3-300 of the Charter of that city, which provides:

"The mayor shall have been a resident of the city for at least five years preceding his election and shall be at least thirty years of age at the time of his election."

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