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HERWEG v. THIRTY NINTH LEG. ASSEM. OF STATE OF MONTANA

No. 1214.

246 F.Supp. 454 (1965)

Phoebe R. HERWEG, in behalf of herself and all other citizens and electors of the State of Montana, Plaintiffs, v. The THIRTY NINTH LEGISLATIVE ASSEMBLY OF the STATE OF MONTANA, Tim M. Babcock as Governor of the State of Montana, and Frank Murray, as Secretary of State of the State of Montana, Defendants.

United States District Court D. Montana.

August 6, 1965.

Attorney(s) appearing for the Case

A. L. Libra, Helena, Mont., for plaintiff.

Forrest H. Anderson, Atty. Gen., Nicholas A. Rotering, Alfred B. Coate, Donald A. Garrity, Donald A. Douglas, Arthur W. Ayers, Jr., Charles M. Joslyn, William G. Sternhagen, Asst. Attys. Gen., Helena, Mont., for defendants.

Gordon R. Bennett, Helena, Mont., John C. Sheehy, Pro Se, Billings, Mont., amici curiæ.

Before POPE, Circuit Judge, and MURRAY and JAMESON, District Judges.

PER CURIAM.

FINDINGS, CONCLUSIONS AND DECREE

This is an action brought by Phoebe R. Herweg as plaintiff in behalf of herself and all citizens and electors of the State of Montana against the defendants above named. The purpose of the action was to compel compliance, by the officials of the State of Montana, with the requirements of the Equal Protection Clause of the Federal Constitution in respect to apportionment of the seats in the two Houses of the Montana...

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