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LISCO v. LOVE

Civ. A. Nos. 7501, 7637.

219 F.Supp. 922 (1963)

Archie L. LISCO, and all other registered voters of the Denver Metropolitan Area, State of Colorado, similarly situated, Plaintiffs, v. John LOVE, as Governor of the State of Colorado, Homer Bedford, as Treasurer of the State of Colorado, Byron Anderson, as Secretary of the State of Colorado, the State of Colorado and the Forty-Fourth General Assembly thereof, Defendants. William E. MYRICK et al., Plaintiffs, v. The FORTY-FOURTH GENERAL ASSEMBLY of the State of Colorado, John Love, as Governor of the State of Colorado, Homer Bedford, as Treasurer of the State of Colorado, and Byron Anderson, as Secretary of State of the State of Colorado, Defendants, Edwin C. Johnson, John C. Vivian, Joseph F. Little, Warwick Downing, and Wilbur M. Alter, individually and as citizens, residents and taxpayers of the State of Colorado, on behalf of themselves and for all persons similarly situated, Intervenors.

United States District Court D. Colorado.

July 16, 1963.

Attorney(s) appearing for the Case

Francis R. Salazar and Carl Harthun, Denver, Colo., for plaintiffs in Civil Action No. 7501.

George Louis Creamer and Charles Ginsberg, Denver, Colo., for plaintiffs in Civil Action No. 7637.

Duke W. Dunbar, Atty. Gen., and Richard W. Bangert, Asst. Atty. Gen., Denver, Colo., Anthony F. Zarlengo and V. G. Seavy, Jr., Denver, Colo., for defendants in Civil Actions No. 7501 and No. 7637.

Richard S. Kitchen, Charles S. Vigil and J. Harley Williams, Jr., Denver, Colo., for intervenors in Civil Actions No. 7501 and No. 7637.

Philip J. Carosell, Denver, Colo., amicus curiae in Civil Actions No. 7501 and No. 7637.

Before BREITENSTEIN, Circuit Judge, and ARRAJ and DOYLE, District Judges.

BREITENSTEIN, Circuit Judge.

These consolidated actions attack the apportionment of the membership of the bicameral Colorado legislature. At the 1962 General Election, two initiated constitutional amendments were submitted to the electorate. One, known as Amendment No. 7, provided for a House of Representatives with the membership apportioned on a per capita basis and for a Senate which was not so apportioned. The other...

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