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Appeals Court To Hear Florida Democrat Delegate Case

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The Associated Press

Published: January 8, 2009

ATLANTA - A federal appeals court will hear a Tampa Democrat's claim that the national party acted improperly when it stripped the state's convention delegates because it made its primary earlier.

Political consultant Victor DiMaio sued the national and Florida Democratic parties in federal court in August 2007 over the decision to strip the state's delegates.

A federal district judge dismissed the case in May, and national party leaders eventually restored all 211 members of the Florida delegation for the presidential convention this past August.

But DiMaio's attorney, Michael Steinberg, says the appeals court should weigh in because the law setting Florida's primary date has not changed and could lead to future problems.

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