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Florida's delegates lost their right to vote at the party's August nominating convention in Denver because the state broke party rules by moving its primary election to Jan. 29 from March.

Tampa, Fla., Democratic activist Vince DiMaio sued, claiming the party rules were a violation of the civil rights of Florida voters but lost in a lower court. The court said political parties can set the rules for choosing nominees.

The 11th Circuit Court of Appeals in Atlanta agreed to hear the case but refused to overturn the lower court's ruling Friday, Florida Insider reported. The decision increases the likelihood of an internal party battle over Florida's and Michigan's delegates.

Neither state was expected to hold do-over primary or caucuses despite calls from presidential hopeful U.S. Sen. Hillary Clinton, D-N.Y., who won in both states.

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