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SCHAEFER v. THOMSON

Civ. No. 4717.

251 F.Supp. 450 (1965)

Harry H. SCHAEFER, Adrian W. Reynolds, Burton W. Marston, Patrick H. Meenan, Darlene Elliot, Ralph A. Urbigkit and Edwin H. Whitehead, Plaintiffs, v. Thyra THOMSON, as Secretary of State of the State of Wyoming, Thyra Thomson, Minnie A. Mitchell and Everett T. Copenhaver, as members of the Board of the State Board of Election Canvassers, and Clifford P. Hansen, as Governor of the State of Wyoming, Defendants. William H. Harrison, Kenneth Youtz, Wilbur Mead, Lewis F. Hanson and Carl Emerich, Intervenors.

United States District Court D. Wyoming.

October 8, 1965.

Attorney(s) appearing for the Case

A. G. McClintock, Walter C. Urbigkit, Jr., and Maxwell E. Osborn, Cheyenne, Wyo., for plaintiffs.

John F. Raper, Atty. Gen. of State of Wyoming, and Dean W. Borthwick, Deputy Atty. Gen. of State of Wyoming, Cheyenne, Wyo., for defendants.

Paul B. Godfrey and Arthur Kline, Cheyenne, Wyo., for intervenors.

Before PICKETT, Circuit Judge, and KERR and DAUGHERTY, District Judges.

KERR, District Judge.

On November 23, 1964, this Court retained jurisdiction over this cause to afford injunctive and affirmative relief to the plaintiffs should "the Wyoming legislature fail[s] to reapportion the state senate prior to the 1966 election * *".1 At the original hearing of this proceeding we were of the opinion that it is primarily the duty of the state legislature to establish constitutional representation in the Wyoming...

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