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McINERNEY v. WRIGHTSON

Civ. A. No. 76-287.

421 F.Supp. 726 (1976)

Joseph F. McINERNEY, Plaintiff, v. Lewis C. WRIGHTSON, State Election Commissioner, et al., Defendants.

United States District Court, D. Delaware.

September 14, 1976.

Attorney(s) appearing for the Case

Irving Morris, and Joseph A. Rosenthal, of Morris & Rosenthal, Wilmington, Del., for plaintiff.

A. Gary Wilson, Deputy Atty. Gen., Dept. of Justice, Wilmington, Del., for defendants.

OPINION

MURRAY M. SCHWARTZ, District Judge.

This case is before the Court on a motion by the plaintiff for a mandatory preliminary injunction to have his name placed on the November general election ballot. It should be noted at the outset that the constitutionality of the Delaware election statute is not at issue in this case. The defendants concede that the statute is unconstitutional.1

Joseph F. McInerney is presently...

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