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McCARTHY v. AUSTIN

No. G 76-164.

423 F.Supp. 990 (1976)

Eugene McCARTHY et al., Plaintiffs, v. Richard H. AUSTIN, Secretary of State of Michigan, and Frank J. Kelley, Attorney General of Michigan, Defendants.

United States District Court, W. D. Michigan, S. D.

August 27, 1976.

Attorney(s) appearing for the Case

Philip C. Dean, Kenneth A. Birch, Lansing, Mich., for plaintiffs.

Norbert G. Jaworski, Lansing, Mich., for defendants.

Before ENGEL, Circuit Judge, FOX, Chief Judge, and MILES, District Judge.

OPINION AND ORDER

MILES, District Judge.

This action challenging the absence of a provision in Michigan's Election Laws1 whereby an independent candidate for the Presidency of the United States may obtain a position on the general ballot, is before the Court on cross motions for summary judgment. The parties have stipulated that no issues of fact are in dispute and no need exists for the taking of testimony. The facts may be...

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