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STATE OF MONT. v. U.S. DEPT. OF COMMERCE

No. CV 91-22-H-CCL.

775 F.Supp. 1358 (1991)

The STATE OF MONTANA; Stan Stephens, Governor of the State of Montana; Marc Racicot, Attorney General for the State of Montana; Mike Cooney, Secretary of State for the State of Montana; Max Baucus, United States Senator; Conrad Burns, United States Senator; Pat Williams, United States Representative; and Ron Marlenee, United States Representative, Plaintiffs, v. UNITED STATES DEPARTMENT OF COMMERCE; Robert A. Mosbacher, Secretary of United States Department of Commerce; Bureau of the Census; Barbara Everitt Bryant, Director of the Bureau of the Census; and Donnald K. Anderson, Clerk of the United States House of Representatives, Defendants.

United States District Court, D. Montana, Helena Division.

October 18, 1991.

Attorney(s) appearing for the Case

Elizabeth S. Baker, Asst. Atty. Gen., Marc Racicot, Atty. Gen., Clay R. Smith, Atty. Gen. Office, State of Mont., Helena, Mont., Kenneth Eikenberry, James M. Johnson, Charles F. Secrest, Office of Atty. Gen., Olympia, Wash., for plaintiffs.

Kris McLean, Asst. U.S. Atty., Sandra M. Schraibman, Susan L. Korytkowski, Mark H. Murphy, U.S. Dept. of Justice, Civ. Div., Michael Murray, Steve Ross, Office of Gen. Counsel, U.S. House of Representatives, Washington D.C., for defendants.

OPINION AND ORDER

Before O'SCANNLAIN, Circuit Judge, LOVELL, District Judge, and BATTIN, Senior District Judge.

LOVELL, District Judge, and BATTIN, Senior District Judge:

This matter came on for hearing September 3, 1991, before a three-judge-court composed of United States Circuit Judge Diarmuid F. O'Scannlain, United States Senior District Judge James F. Battin, and United States District Judge Charles C. Lovell, on cross-motions for summary judgment...

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