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WELLS v. ROCKEFELLER

No. 66-Civ.-1976.

311 F.Supp. 48 (1970)

David I. WELLS, Plaintiff, v. Nelson A. ROCKEFELLER, as Governor of the State of New York, Louis J. Lefkowitz, as Attorney General of the State of New York, John P. Lomenzo, as Secretary of State of the State of New York, Malcolm Wilson, as Lieutenant Governor of the State of New York, and Presiding Officer of the Senate of the State of New York, and Perry B. Duryea, Jr., as Speaker and Presiding Officer of the Assembly of the State of New York, Defendants, and Earl W. Brydges, as Temporary President of the New York State Senate, Intervenor.

United States District Court, S. D. New York.

Judgment Affirmed May 18, 1970.

Attorney(s) appearing for the Case

Robert B. McKay, New York City, for plaintiff.

George D. Zuckerman, Asst. Atty. Gen., New York City (Louis J. Lefkowitz, Atty. Gen. of New York, New York City, of counsel), for defendants.

Doanld Zimmerman, New York City, for intervenor.

Before MOORE, Circuit Judge, MacMAHON and CANNELLA, District Judges.

Judgment Affirmed May 18, 1970. See 90 S.Ct. 1696.

MOORE, Circuit Judge.

As a result of the retention of jurisdiction, this court has the dubious privilege of deciding for the third time whether the New York State Legislature has divided its 41 congressional districts into such units as may be constitutionally acceptable to the Supreme Court. The Legislature so acted because of an order of this court (June 17, 1969) directing that the Legislature "enact into...

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