Thomas E. Gilmore and Percy McShan v. The Greene County Democratic Party Executive Committee

Fifth Circuit

Thomas E. Gilmore and Percy McShan v. The Greene County Democratic Party Executive Committee

368 F.2d 328, 1966 U.S. App. LEXIS 4492

CourtCourt of Appeals for the Fifth Circuit

DecidedNovember 3, 1966

Docket24188_1

StatusPublished

Cited by6 cases

This text of 368 F.2d 328 (Thomas E. Gilmore and Percy McShan v. The Greene County Democratic Party Executive Committee) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Thomas E. Gilmore and Percy McShan v. The Greene County Democratic Party Executive Committee, 368 F.2d 328, 1966 U.S. App. LEXIS 4492 (5th Cir. 1966).

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Opinion

PER CURIAM:

This is an appeal from the denial by the District Court for the Northern District of Alabama of a motion that the appellants be declared to be validly nominated candidates of the Freedom Party of Alabama for the General Election to be held in Greene County, Alabama, on November 8, 1966.

This proceeding is a motion filed in connection with an already pending suit under the above caption in the Northern District of Alabama. In effect, it is an appeal from the denial of a temporary injunction.

We conclude that the trial court erred in its determination that the certificate of nomination filed by the Freedom Party as to these two candidates was invalid.

However, it appears that the appellants are, by their motion, seeking to be declared the candidates of the Freedom Party, whereas, by their original complaint they sought to be the legal candidates of the Democratic Party.

The Order of the trial court is reversed and the case is remanded in order that the district court may consider the posture of the case in light of our ruling as to the certificate of nomination, and to enable the plaintiffs, if they see fit *329 to do so, to make a determination as to which relief they now wish to seek before the court.

In the meantime, since it would be impossible, even if we were to grant the appellants’ motion completely, to have the ballot adequately prepared, at least so far as relates to the absentee ballots, by Election day, it is ordered that the election in Greene County be stayed, either as to these two offices, or as to all county offices, at the election of the defendants. In other words, we leave to the defendants the decision whether they wish to delay election of all county offices, or of just these two offices. The district court will then determine such other issues as may properly be before it after determining what effect, if any, to give to a choice of remedies after such choice is made by the plaintiffs.

The Judgment of this Court will issue forthwith.

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PER CURIAM:

This is an appeal from the denial by the District Court for the Northern District of Alabama of a motion that the appellants be declared to be validly nominated candidates of the Freedom Party of Alabama for the General Election to be held in Greene County, Alabama, on November 8, 1966.

This proceeding is a motion filed in connection with an already pending suit under the above caption in the Northern District of Alabama. In effect, it is an appeal from the denial of a temporary injunction.

We conclude that the trial court erred in its determination that the certificate of nomination filed by the Freedom Party as to these two candidates was invalid.

However, it appears that the appellants are, by their motion, seeking to be declared the candidates of the Freedom Party, whereas, by their original complaint they sought to be the legal candidates of the Democratic Party.

The Order of the trial court is reversed and the case is remanded in order that the district court may consider the posture of the case in light of our ruling as to the certificate of nomination, and to enable the plaintiffs, if they see fit *329 to do so, to make a determination as to which relief they now wish to seek before the court.

In the meantime, since it would be impossible, even if we were to grant the appellants’ motion completely, to have the ballot adequately prepared, at least so far as relates to the absentee ballots, by Election day, it is ordered that the election in Greene County be stayed, either as to these two offices, or as to all county offices, at the election of the defendants. In other words, we leave to the defendants the decision whether they wish to delay election of all county offices, or of just these two offices. The district court will then determine such other issues as may properly be before it after determining what effect, if any, to give to a choice of remedies after such choice is made by the plaintiffs.

The Judgment of this Court will issue forthwith.

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368 F.2d 328, 1966 U.S. App. LEXIS 4492, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thomas-e-gilmore-and-percy-mcshan-v-the-greene-county-democratic-party-ca5-1966.

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