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SMITH v. DUNN

No. 74-254-NA-CV.

381 F.Supp. 822 (1974)

Hubert J. SMITH et al. v. Winfield DUNN, Governor, State of Tennessee, et al.

United States District Court, M. D. Tennessee, Nashville Division.

July 29, 1974.

Attorney(s) appearing for the Case

Robert H. Polk, Nashville, Tenn., for plaintiffs.

Robert H. Roberts, Advocate Gen., Nashville, Tenn., for defendants.

Before PHILLIPS, Chief Circuit Judge, GRAY, Chief District Judge, and MORTON, District Judge.

MORTON, District Judge:

A provision of the Tennessee Election Code has the effect, in certain situations, of requiring persons under disability of blindness to reveal their vote to two election judges1 in order to receive assistance in marking their ballots at elections. The question presented in this case is whether this state requirement denies blind persons rights protected by the Fourteenth and Fifteenth Amendments to the United States...

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