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CITY OF PHILADELPHIA v. KLUTZNICK

Civ. A. No. 80-3172.

503 F.Supp. 663 (1980)

CITY OF PHILADELPHIA, a municipal corporation; William J. Green, individually and as Mayor of the City of Philadelphia; Marilyn McGinty, Curtis Owens, Rudy J. Arzon, Cecilia M. Yep and John and Mary Doe, individually and as class representatives; William H. Gray, III, individually and as a member of the United States House of Representatives; Max Pievsky, individually and as a member of the House of Representatives of the Commonwealth of Pennsylvania; Joseph F. Smith, individually and as a member of the Senate of the Commonwealth of Pennsylvania v. Philip M. KLUTZNICK, Secretary of the United States Department of Commerce; Vincent P. Barabba, Director of the United States Bureau of the Census; United States Department of Commerce; Bureau of the Census, an agency within the United States Department of Commerce; Porter S. Rickley, Regional Director of the Philadelphia Region of the Bureau of the Census of the United States Department of Commerce; Thomas Heuring, District Manager for the 1980 Philadelphia Census.

United States District Court, E. D. of Pennsylvania.

November 4, 1980.

Attorney(s) appearing for the Case

John E. Flaherty, Jr., Deputy City Sol., Philadelphia, Pa., for plaintiffs.

Alphonse M. Alfano, U. S. Dept. of Justice, Washington, D. C., for defendants.

MEMORANDUM OPINION

BECHTLE, District Judge.

Presently before the Court is defendants' motion to dismiss the within case which challenges the accuracy and conduct of the 1980 census in the City of Philadelphia. Defendants' motion offers several grounds for dismissal: (1) lack of ripeness; (2) plaintiffs' lack of standing; (3) presence of a nonjusticiable political question; (4) challenges to agency action which are excluded from judicial review; and, (5)...

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