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31 Rev. Litig. 1 (2012)
LBJ v. Coke Stevenson: Lawyering for Control of the Disputed Texas Democratic Party Senatorial Primary Election of 1948

handle is hein.journals/rol31 and id is 3 raw text is: LBJ v. Coke Stevenson: Lawyering for Control of the Disputed Texas Democratic Party Senatorial Primary Election of 1948 Josiah M. Daniel, III I. HISTORICAL LAWYERING AS A NEW VIEWPOINT ON LBJ v. STEVENSON ............................................ 2 A. Historical Lawyering.......................... 2 B. The Incomplete Accounts of Caro and Other Biographers..6 C. Johnson's Eighty-Seven- Vote Margin of Victory............9 II. THE THREE WEEKS OF LITIGATION ....................... 17 A. Johnson's Lawyers File Suit in the State Court System and Gain Initial Control ....................... 17 1. Friday, September 10...................... 17 2. Monday, September 13, 10:00 A.M. to 3:00 P.M......21 3. September 13, 7:00 P.M. to Midnight.. ..........23 B. Stevenson's Lawyers Move the Post-Election Dispute to the Federal Court System andAcquire Control............ 24 1. Tuesday and Wednesday, September 14 and 15........24 2. Thursday, September 16.. ..................43 3. Tuesday and Wednesday, September 21 and 22........44 4. Friday, September 24...... ................50 C. LBJ's Lawyers Reacquire Control with a Supreme Court Justice's Stay ......................... 53 1. Monday and Tuesday, September 27 and 28......53 2. October 2 to January31... .................61 III. LBJ V. STEVENSON AND LAWYERING FOR CONTROL OF THE OUTCOME OF DISPUTED ELECTIONS ...................... 65 * Josiah M. Daniel, III is a partner in the Reorganization and Restructuring Practice Group of Vinson & Elkins, LLP in Dallas, TX. Mr. Daniel is the founder and Chair of the Legal History Discussion Group of the Dallas Bar Association. He is also a Life Member of the American Society for Legal History and its Standing Committee on Conferences and the Annual Meeting, and a member of the American Law Institute. A version of this Article was presented at the American Politics Conference, University of Oxford, January 7, 2011.

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