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eBook details

• Title: Wymbs v. Republican State Executive Committee of Florida
• Author : Fifth Circuit.*Fn* United States Court of Appeals
• Release Date : January 05, 1981
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 70 KB

Description

The appellees, Norman E. Wymbs and Ann R. Cassady, are registered Republicans residing in Palm Beach, Florida and members of the Republican State Executive Committee of Florida (hereinafter referred to as ""the Committee""). They filed this action against the Committee on January 31, 1980 in the United States District Court for the Northern District of Florida. Count I of the complaint challenged on equal protection grounds the constitutionality of the method followed in determining the composition of the Committee. Count II consisted of a similar challenge to State Party Rule 11(4)(b), which provides the procedures for selecting and allocating the Florida delegates to the Republican National Convention. The Committee first sought dismissal of the action, but the motion was denied on March 19, 1980. Thereafter, the parties filed cross motions for summary judgment. The district court ruled in favor of the Committee on Count I and granted the appellees' motion for summary judgment on Count II. In an order dated July 1, 1980, the court enjoined the Committee from implementing Rule 11(4)(b), but suspended the imposition of the injunction until after the adjournment of the 1980 Republican National Convention. A motion for reconsideration was subsequently granted with respect to Count I and the ultimate resolution of that count remains in the district court. Hence, the Committee appeals only from the final judgment which was entered on Count II and certified pursuant to Rule 54(b) of the Federal Rules of Civil Procedure. We vacate and remand for further consideration.

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