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WENDELKEN v. BUREAU OF THE CENSUS, N.Y.

No. 83 Civ. 3111.

582 F.Supp. 342 (1983)

Martin E. WENDELKEN, Plaintiff, v. BUREAU OF THE CENSUS, N.Y., N.Y., Director of the Bureau of the Census Bruce Chapman, Secretary of the Department of Commerce Malcolm Baldrige, Attorney General of the United States William French Smith, Department of Justice, Clerk of the House of Representatives Benjamin J. Guthrie, Thomas P. O'Neill, Jr., Speaker of the House of Representatives, Defendants.

United States District Court, S.D. New York.

September 21, 1983.

Attorney(s) appearing for the Case

Martin E. Wendelken, pro se.

Michael H. Dolinger, Asst. U.S. Atty., New York City, for defendants.

EDWARD WEINFELD, District Judge.

Martin E. Wendelken, a citizen of New Jersey and the plaintiff in this action, seeks an order overturning the Act of August 8, 1911, ch. 5 §§ 1, 2, 37 Stat. 13, 14, which provides that the House of Representatives shall be constituted by 435 members. These seats are apportioned among the states by population, consistent with the rule that no state shall receive fewer than one representative. 2 U.S.C. § 2a (1976). The...

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