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HUDLER v. AUSTIN

Civ. Nos. 6-71189 and 6-71249.

419 F.Supp. 1002 (1976)

James HUDLER, et al., Plaintiffs, v. Richard H. AUSTIN, in his official capacity as Secretary of State, and Bernard J. Apol, in his official capacity as Director of Elections and Secretary of the State Board of Canvassers for the State of Michigan, Defendants. Stephanie ALLAN et al., Plaintiffs, v. Richard AUSTIN, Individually and in his official capacity as Secretary of State, et al., Defendants.

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

August 18, 1976.

Attorney(s) appearing for the Case

Richard Durant, Detroit, Mich. for plaintiffs Hudler, and others.

Ronald Reosti, and Diane Middleton, Detroit, Mich., for plaintiffs Allan, and others.

Varda N. Fink, State Atty. Gen. Office, Lansing, Mich., for defendants.

Before ENGEL, Circuit Judge and GUY and FEIKENS, District Judges.

OPINION

GUY, District Judge.

Plaintiffs in this action challenge the constitutionality of certain of Michigan's election statutes, i. e., M.C.L.A. § 168.685 and §§ 168.560a and 168.560b, providing for the qualification of "new" parties for general election ballot positions. "New" parties are those parties who either failed to run candidates for office in the last state-wide election or whose principal candidate failed to obtain 1% of the total...

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