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LEIN v. SATHRE

Civ. No. 424.

205 F.Supp. 536 (1962)

Ray LEIN, John Hove, John M. Murphy, Walter Durkop, and Russell Duncan, Plaintiffs, v. P. O. SATHRE, Leslie R. Burgum, Ben Meier, Ben Wolfe and Arthur Link, and Ben Meier, Secretary of State for the State of North Dakota, Defendants.

United States District Court D. North Dakota, Southwestern Division.

May 31, 1962.

Attorney(s) appearing for the Case

E. T. Conmy and E. T. Conmy, Jr., of Conmy, Conmy & Feste, Fargo, N. D., for plaintiffs.

William R. Pearce, of Cox, Pearce, Engebretson, Murray, Atkinson & Gunness, Bismarck, N. D., as Sp. Asst. Atty. Gen., and Paul M. Sand, Asst. Atty. Gen., State of North Dakota, for defendants.

Before VOGEL, Circuit Judge, and REGISTER and DAVIES, District Judges.

PER CURIAM.

This Court initially heard oral arguments and considered briefs of the respective parties in January of this year. The plaintiffs, by their complaint, challenged the plan apportioning members of the House of Representatives of this state, which plan had been formulated and adopted by the "re-apportionment group" consisting of the defendants herein, pursuant to the authority conferred upon it by the provisions of Section 35 of the Constitution of the State...

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