BROWN V. CHOTE, 411 U. S. 452 (1973)

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U.S. Supreme Court

Brown v. Chote, 411 U.S. 452 (1973)

Brown v. Chote

No. 71-1583

Argued February 22, 1973

Decided May 7, 1973

411 U.S. 452


Appellee, who sought to run for Congress but asserted that he was unable to pay California's statutory filing fee, filed a class action in District Court, challenging the constitutionality of the filing fee statutes. In the face of an impending filing deadline, the District Court granted appellee's motion for a preliminary injunction.

Held: Given the possibility that appellee would prevail on the merits and the fact that appellee's opportunity to be a candidate would have been foreclosed absent interim relief, the District Court did not abuse its discretion in granting a preliminary injunction. Pp. 411 U. S. 456-457.

342 F.Supp. 1353, affirmed and remanded.

BURGER, C.J.,delivered the opinion for a unanimous Court.

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