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PENA v. NELSON

No. CIV 73-709 PHX.

400 F.Supp. 493 (1975)

Manuel PENA, Jr., et al., Plaintiffs, v. Gary NELSON et al., Defendants. Paul N. MARSTON, Counterclaimant, v. Bruce MYERSON et al., Counter-defendants.

United States District Court, D. Arizona.

September 16, 1975.

Attorney(s) appearing for the Case

Bruce E. Meyerson, James M. Rutkowski, Phoenix, Ariz., for plaintiffs.

Evans, Kitchel & Jenckes, P.C., Phoenix, Ariz., and Atty. Gen. Gary K. Nelson, Powers, Boutell, Fannin & Kurn, P.A., Phoenix, Ariz., for defendants Stephen C. Shadegg and F. A. I. R.

Rawlins, Ellis, Burrus & Kiewit, Phoenix, Ariz., for Larry J. Richmond.

Don P. Crampton, Phoenix, Ariz., for defendant Paul N. Marston.

Herbert B. Finn, Phoenix, Ariz., for Ariz. Civ. Liberties Foundation as amicus curiae.

OPINION AND ORDER

MUECKE, District Judge.

On March 26, 1973, recall supporters filed 176,152 signatures on recall petitions with the Secretary of State, Wesley Bolin. Under Arizona law, a total of 102,852 of those signatures had to be valid to force a recall election. The various county recorders in Arizona indicated that 108,309 of the signatures were genuine signatures of duly registered Arizona electors. On July 27, 1973, the then Attorney General of...

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