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ALLEN v. ELLISOR

No. 79-1539.

664 F.2d 391 (1981)

Gary ALLEN, individually and on behalf of all others similarly situated, Appellee, v. James B. ELLISOR, individually and as Executive Director of the South Carolina Election Commission, Appellant, and Joan B. Blackwell, Norma D. Myers, Marie H. Walker, Jane Crayton Davis, individually and as members of the Board of Registration of Aiken County, South Carolina and on behalf of all others similarly situated, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided January 6, 1981.

Attorney(s) appearing for the Case

Treva G. Ashworth, Senior Asst. Atty. Gen., Columbia, S. C. (Daniel R. McLeod, Atty. Gen., C. Tolbert Goolsby, Jr., Deputy Atty. Gen., James M. Holly, State Atty., Columbia, S. C., on brief), for appellant.

Armand Derfner, Charleston, S. C. (Epstein, McClain & Derfner, Charleston, S. C., Laughlin McDonald, Neil Bradley, H. Christopher Coates, Atlanta, Ga., on brief), for appellee.

Before HAYNSWORTH, Chief Judge, WINTER, BUTZNER, RUSSELL, WIDENER, HALL, PHILLIPS, MURNAGHAN, SPROUSE and ERVIN, Circuit Judges, sitting en banc.

Heard En Banc November 11, 1980.

DONALD RUSSELL, Circuit Judge:

The plaintiff, a convicted forger, sues individually and as representative of others similarly situated, asserting the unconstitutionality of the South Carolina statute disqualifying persons for conviction of crime. He bases his claim of unconstitutionality on two grounds: the first is the alleged invalidity of the statute under the equal protection clause in its designation of disqualifying offenses...

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