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WENDLER v. STONE

Civ. A. Nos. 72-923, 72-928.

350 F.Supp. 838 (1972)

James P. WENDLER et al., Plaintiffs, v. The Honorable Richard (Dick) STONE, Secretary of State of the State of Florida, Defendant. Joseph A. PEREIRA, Jr., Plaintiff, v. Reuben O'D. ASKEW et al., Defendants.

United States District Court, S. D. Florida, Miami Division.

August 18, 1972.

Attorney(s) appearing for the Case

Robert S. Korschun, Miami, Fla., for plaintiff Pereira.

Edward L. Magill, of Stephens, Magill, Thornton & Sevier, and Dixon, Dixon, Lane & Mitchell, Miami, Fla., for plaintiffs Wendler, George, Holtman, Martin, Wisenfeld and Wolper.

Robert L. Shevin, Atty. Gen., and Jerry E. Oxner, Asst. Atty. Gen., Dept. of Legal Affairs, Tallahassee, Fla., for defendants.

Before DYER, Circuit Judge, and ATKINS and ROETTGER, District Judges.

ORDER GRANTING MOTIONS TO DISMISS

PER CURIAM.

These cases, both of which challenge the constitutionality, under the equal protection clause of the Fourteenth Amendment, of Florida's recently enacted congressional redistricting provision, Senate Bill 1291, Ch. 72-390, Florida Laws (1972), came before a three-judge court for hearing on pending motions to dismiss. Based upon a determination that the complaints fail to state justiciable causes of action, a majority...

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