MOSS v. BURKHART

No. 9130.

207 F.Supp. 885 (1962)

Harry R. MOSS, Plaintiff, v. William A. BURKHART, State Treasurer; Andy Anderson, State Auditor; and J. D. Dunn, Lawton Leininger and Mike Conners, composing the Oklahoma Tax Commission of the State of Oklahoma; Clee Fitzgerald, Chairman, Herbert F. Hewett, Vice-Chairman, and Louie R. Geiser, Secretary, Members of the State Election Board of the State of Oklahoma; J. Howard Edmondson, Governor of the State of Oklahoma, Defendants, and M. A. Price, John M. Rasberry, J. R. Hutchens and Roy Grimes, Directors of Oklahomans For Local Government, an unincorporated association, et al., Intervenors.

United States District Court W. D. Oklahoma.

June 19, 1962.

On Motion August 3, 1962.

Dissenting Opinion August 8, 1962.


Attorney(s) appearing for the Case

Sid White, Oklahoma City, Okl., for plaintiff, Harry R. Moss.

Delmer Stagner, Oklahoma City, Okl., for defendant William A. Burkhart, State Treasurer.

Fred Hanson, First Asst. Atty. Gen., Albert D. Lynn, E. J. Armstrong, Oklahoma City, Okl., for defendants Andy Anderson, State Auditor, and, J. D. Dunn, Lawton Leininger and Mike Conners, composing the Oklahoma Tax Commission of the State of Oklahoma.

John Wagner, Oklahoma City, Okl., and Robert Blackstock, Bristow, Okl., for defendants Clee Fitzgerald, Chairman, Herbert F. Hewett, Vice-Chairman, and Louie R. Geiser, Secretary, Members of the State Election Board of the State of Oklahoma.

Norman Reynolds, Oklahoma City, Okl., for defendant J. Howard Edmondson, Governor of the State of Oklahoma.

Leon S. Hirsh, Oklahoma City, Okl., for Intervenors M. A. Price, John M. Rasberry, J. R. Hutchens and Roy Grimes, Directors of Oklahomans For Local Government, an unincorporated association.

J. A. Rinehart, El Reno, Okl., for intervenor M. A. Price.

G. D. Spradlin, Oklahoma City, Okl., for intervenor Council of Democratic Neighborhood Clubs.

Otjen, Carter, Huddleston & Otjen, Enid, Okl., for intervenor Oklahoma Farm Bureau.

V. P. Crowe, Oklahoma City, Okl., for intervenor League of Women Voters.

Before MURRAH, Circuit Judge, and RIZLEY and DAUGHERTY, District Judges.


Further Statement of Facts and Law on the Merits and Interlocutory Decree June 19, 1962.

On Motion to Alter or Amend Decree August 3, 1962.

MURRAH, Circuit Judge.

The Pleadings

This class action is a sequel to Radford v. Gary, D.C., 145 F.Supp. 541, in which another named plaintiff assailed the Oklahoma Apportionment Statutes for the election of the members to the Oklahoma Legislature, as a deprivation...

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