Malcolm Dillon v. Ernestine Evans, Secretary of State

Appellant Dillon filed suit in the United States District Court for the District of New Mexico challenging the constitutionality of portions of the New Mexico Primary Election Law, N.M.S.A. § 3-8-1, et seq. Included was a request that the district court convene a three-judge court pursuant to 28 U.S.C. § 2281 and § 2284 to consider the challenge to the New Mexico statutes. Dillon’s first attempted appeal in this case was dismissed for the reason that the order appealed from was not final and appealable. See Dillon v. Evans, unpublished No. 75-1874 (10th Cir. filed March 2, 1976). The district…