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HOYLE v. PRIEST

Civil No. 98-2163.

59 F.Supp.2d 827 (1999)

John HOYLE, individually and on behalf of Arkansas Taxpayers' Rights Ass'n, and as representative of the class of more than 100,000 Arkansans who petitioned for Proposed Constitutional Amendment 4 of 1998 and further as representative of the class of All Registered Voters of the State of Arkansas, Joe Hoyle, Earl Oxford and Tom Tinsley Plaintiffs v. Sharon PRIEST, in her official capacity as Secretary of State, and in her capacity as Chairman of the State Board of Election Commissioners, Mike Huckabee, in his official capacity as Governor of the State of Arkansas, Doris Tate, in her official capacity as Sebastian County Clerk, as representative of the class of all County Clerks and election officials of the State of Arkansas Defendants.

United States District Court, W.D. Arkansas, Fort Smith Division.

July 30, 1999.

Attorney(s) appearing for the Case

Oscar Stilley, Fort Smith, AR, for Joe Hoyle, Earl Oxford, Tom Tinsley.

Mark L. Pryor, Wright, Lindsey & Jennings LLP, Little Rock, AR, Tim C. Humphries, Attorney General's Office, Little Rock, AR, for Sharon Priest, Mike Huckabee.

Thomas C. Gean, Sebastian County Prosecuting Attorney, Fort Smith, AR, for Doris Tate.

MEMORANDUM AND ORDER

DAWSON, District Judge.

This matter is before the Court on the motion to dismiss the amended complaint filed by separate defendants, Sharon Priest and Mike Huckabee (document # 26), and the plaintiffs' motion for leave to amend the complaint a second time (document # 28). For the reasons set out within this opinion, the motion to dismiss will be granted and each of plaintiffs' claims against all defendants, including those against...

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