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McCLURE v. CARTER

Civ. No. 79-1340.

513 F.Supp. 265 (1981)

James A. McCLURE, United States Senator, Idaho, Plaintiff, v. James Earl CARTER, President of the United States; and Abner J. Mikva, Defendants.

United States District Court, D. Idaho.

May 5, 1981.

Attorney(s) appearing for the Case

Iver J. Longeteig, Runft & Longeteig, Chartered, Boise, Idaho, David H. Martin, Santarelli & Gimer, Washington, D. C., for plaintiff.

Neil H. Koslowe, Sp. Litigation Counsel, Civil Division, Dept. of Justice, Washington, D. C., for defendants.

Before FLETCHER, Circuit Judge, and McNICHOLS and TAYLOR, District Judges, sitting as a Special Three-Judge District Court.

DECISION

This case comes before this three-judge court on cross-motions for summary judgment. The amended complaint to which the motions are addressed challenges the appointment of former Congressman Abner J. Mikva to a position as a circuit judge for the United States Court of Appeals for the District of Columbia Circuit. The relevant portions of the statute under which the challenge is brought, Act of October 12, 1979...

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