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MANN v. DAVIS

Civ. A. No. 2604.

238 F.Supp. 458 (1964)

Harrison MANN et al., Plaintiffs, v. Levin Nock DAVIS et al., Defendants.

United States District Court E. D. Virginia, at Alexandria.

September 18, 1964.

Attorney(s) appearing for the Case

Edmund D. Campbell, Arlington, Va., and E. A. Prichard, Fairfax, Va., for plaintiffs.

Henry E. Howell, Jr., Sidney H. Kelsey, and Leonard B. Sacks, Norfolk, Va., for plaintiff-interveners.

Robert Y. Button, Atty. Gen. of Va., R. D. McIlwaine, III, Asst. Atty. Gen. of Virginia, David J. Mays, and Henry T. Wickham, Richmond, Va., for defendants.

Before BRYAN, Circuit Judge, and HOFFMAN and LEWIS, District Judges.

ALBERT V. BRYAN, Circuit Judge:

A foremost concern in framing the order on the mandate of the Supreme Court affirming our original decree is the question of the maximum period in which the present, 1963, General Assembly elected under the condemned statute may still function and with what powers. In our opinion it must expire as to both houses not later than the 2nd Wednesday in January 1966.

We think the 1963 Assembly necessarily is empowered to enact the...

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