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POHORYLES v. MANDEL

Civ. No. 70-399.

312 F.Supp. 334 (1970)

Louis POHORYLES, James J. Lombardi, Ralph I. Sonntag, Stewart B. Preston, as Maryland Citizens for a Representative General Assembly, individually, and in behalf of all other Maryland residents now residing in Prince George's County, as well as in Montgomery and Anne Arundel Counties, who are eligible to vote in the Primary Election to be held in early September, 1970, or in the General Election, to be held in early November, 1970, Plaintiffs, and Board of County Commissioners for Prince George's County, Maryland, and Steny H. Hoyer, et al., Intervening Plaintiffs, v. Marvin MANDEL, Governor, Board of State Canvassers: Willard A. Morris, State Administrator of Election Laws, Louis L. Goldstein, Comptroller and Member of the Board of State Canvassers, John A. Luetkemeyer, State Treasurer and Member of the Board of State Canvassers, James Lloyd Young, Clerk, Court of Appeals and Member of the Board of State Canvassers, Francis B. Burch, Attorney General and Member of the Board of State Canvassers, and the Board of Supervisors of Elections of Prince George's County, Maryland, and the members thereof, namely: Helen R. McGuigan, Richard L. Otto and Thomas Dugan, Board of Supervisors of Elections, Defendants, and Mayor and City Council of Baltimore, a municipal corporation, Intervening Defendant.

United States District Court, D. Maryland.

April 28, 1970.

Attorney(s) appearing for the Case

Martin H. Freeman, Upper Marlboro, Md., for plaintiffs.

Henry R. Lord, Asst. Atty. Gen. (Francis B. Burch, Atty. Gen., and Robert F. Sweeney, Deputy Atty. Gen., on the brief), for defendants.

Steny H. Hoyer et al., pro se, intervening plaintiffs.

Lionell M. Lockhart, County Atty., Upper Marlboro, Md., for Board of County Commissioners of Prince George's, intervening plaintiffs.

Clayton A. Dietrich, Chief Asst. Sol. (George L. Russell, Jr. City Sol., Ambrose T. Hartman, Deputy City Sol., Richard R. Goldberg and A. Douglas Owens, Asst. City Sols., on the brief), for Mayor and City Council of Baltimore, intervening defendant.

THOMSEN, Chief Judge.

Challenging the constitutionality of the apportionment of the Maryland General Assembly, plaintiffs seek (a) a declaratory judgment that the controlling statute violates the Fourteenth Amendment, and (b) an injunction against the Governor and the election officials of the State "from acting ultra vires in applying the present apportionment" and directing them "that the primary and general elections of 1970 of representatives to the Maryland...

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