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YOUNG v. KLUTZNICK

Civ. A. No. 80-71330.

497 F.Supp. 1318 (1980)

Coleman A. YOUNG, Individually and as Mayor, City of Detroit, and City of Detroit, a Municipal Corporation, Plaintiffs, v. Philip M. KLUTZNICK, Secretary of Commerce of the United States, and Vincent P. Barabba, Director of the United States Bureau of the Census, Defendants.

United States District Court, E. D. Michigan, S. D.

September 25, 1980.

Attorney(s) appearing for the Case

Goodman, Eden, Millender & Bedrosian by Ernest Goodman, James A. Tuck, Detroit, Mich., Special Counsel, for the City of Detroit.

George W. Crockett, Jr., Joseph N. Baltimore, Detroit, Mich., Robert A. Sedler, Wayne State University School of Law, Detroit, Mich., for plaintiffs.

Alice Daniel, Asst. Atty. Gen., Dept. of Justice, Washington, D. C., Mark C. Rutzick, William Z. Elliott, Sheila Lieber, Dept. of Justice, Washington, D. C., for defendants.

John J. Gunther, Executive Director, Stephen C. Chapple, Gen. Counsel, U. S. Conference of Mayors, Washington, D. C., Jim Leach, Member of Congress, First District of Iowa, Washington, D. C., for amicus curiae.

OPINION

GILMORE, District Judge.

Can a headcount of the persons in the United States, made on the 1st of April, 1980, and unadjusted for an acknowledged undercount, be used for the reapportionment of the United States House of Representatives, and the distribution of Federal funds among states and sub-state units of government? That is the question in this case. The answer is clearly no.

Since 1790, with the exception of 1970 when nearly five million...

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