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RUSSELL v. HATHAWAY

Civ. A. No. CA 7-76-29.

423 F.Supp. 833 (1976)

Jean RUSSELL, Plaintiff, v. Jack HATHAWAY et al., Defendants.

United States District Court, N. D. Texas, Wichita Falls Division.

December 10, 1976.

Attorney(s) appearing for the Case

John D. Copeland, Short & Copeland, Wichita Falls, Tex., for plaintiff.

Clyde Fillmore, Fillmore, Lambert, Farabee, Purtle & Lee, Wichita Falls, Tex., for defendant trustees.

Elizabeth Levatino and David M. Kendall on behalf of John Hill, Atty. Gen. of Texas and Mark White, Secretary of State, State of Texas, Austin, Tex., for defendants.

Before GOLDBERG, Circuit Judge, and HIGGINBOTHAM and HILL, District Judges.

OPINION

HIGGINBOTHAM, District Judge.

This is an attack upon Texas' durational residence requirement for seeking political office. The attack must fail. Plaintiff Jean Russell moved to Wichita Falls in June of 1975 and on January 19, 1976, registered to vote. In February, she filed as a candidate for the position of Trustee of the City View Independent School District. On April 3, 1976, an election for three vacancies was held with the following result:...

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