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ABATE v. ROCKLAND COUNTY LEGISLATURE

No. 93 CIV. 6655(JSR).

964 F.Supp. 817 (1997)

Samuel J. ABATE, William Darden, Robert Frankl, Edward Graybow, Jean Claude Mehu and Wilfredo Olverio, Plaintiffs, v. The ROCKLAND COUNTY LEGISLATURE, John T. Grant as County Executive, Bruce Levine as Chairman of the Rockland County Legislature, Rockland County, Shirley Huested and Frances McCormack as Commissioners of the Rockland County Board of Elections, Edward Gorman as Rockland County Clerk, Defendants.

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

May 16, 1997.

Attorney(s) appearing for the Case

Samuel J. Abate Jr., Beatie, King & Abate, New York, NY, for plaintiffs.

Paul V. Nowicki, County Attorney, County of Rockland (Edwin L. Whitman, of Counsel), New City, NY, for defendants.

OPINION AND ORDER

RAKOFF, District Judge.

In a case of local legislative apportionment, as elsewhere, an experiment must eventually be judged by its results; and if federal courts need to be receptive to "innovation, experiment, and development among units of local government," they have a correlative duty to make sure that the results do not exceed constitutional limits.1 In 1971, the Supreme Court, despite misgivings, gave...

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