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BAIRD v. DAVOREN

Civ. A. Nos. 70-959, 70-990.

346 F.Supp. 515 (1972)

William BAIRD, independent candidate for United States Senator, and Susan Vogel, a registered independent voter, Plaintiffs, v. John F. X. DAVOREN, in his capacity as State Secretary of the Commonwealth of Massachusetts, Defendant. SOCIALIST WORKERS PARTY et al., Plaintiffs, v. John F. X. DAVOREN, as Secretary of the Commonwealth of Massachusetts, with his Agents and Successors in Office, Defendants.

United States District Court, D. Massachusetts.

Supplemental Opinion April 4, 1972.

Attorney(s) appearing for the Case

Evan T. Lawson, Stephen K. Glickman, Glickman, Lawson & Tenney, Boston, Mass., for plaintiffs Baird and others.

Allan R. Rosenberg, Putnam, Bell & Russell, Boston, Mass., for plaintiffs Socialist Workers Party and others.

Robert J. Condlin, James P. Kiernan, Asst. Attys. Gen., Boston, Mass., for defendants.

Stanley R. Lapon, Cambridge, Mass., for intervenors Socialist Labor Party and Lawrence Gilfedder.

Before ALDRICH, Circuit Judge, JULIAN and MURRAY, District Judges.

OPINION

FRANK J. MURRAY, District Judge.

These two actions, consolidated for trial, seek to have Sections 1 and 6 of Chapter 53 of the Massachusetts General Laws (see Appendix A) declared unconstitutional as violating the equal protection clause of the Fourteenth Amendment to the United States Constitution. Sections 1 and 6 set forth the procedures for obtaining a place on the ballot in a Massachusetts state election.

The plaintiff Baird was at the...

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