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LEAGUE OF NEBRASKA MUNICIPALITIES v. MARSH

Civ. A. No. 551 L.

209 F.Supp. 189 (1962)

LEAGUE OF NEBRASKA MUNICIPALITIES, a non-profit Nebraska Corporation, et al., Plaintiffs, v. Frank O. MARSH, as Secretary of State of the State of Nebraska and as Member of the State Board of Election Canvassers of the State of Nebraska, et al., Defendants. Nebraska State American Federation of Labor and Congress of Industrial Organizations, et al., Intervenors.

United States District Court D. Nebraska.

July 20, 1962.

Attorney(s) appearing for the Case

Lloyd E. Chapman and Ralph D. Nelson, Lincoln, Neb., and Herbert M. Fitle, Omaha, Neb., for plaintiffs.

Robert A. Nelson, Special Asst. Atty. Gen., and Richard H. Williams, Asst. Atty. Gen., Lincoln, Neb., for defendants.

August Ross, Omaha, Neb., for intervenors.

Before JOHNSEN, Circuit Judge, ROBINSON, Chief Judge, and VAN PELT, District Judge.

VAN PELT, District Judge.

This action was filed July 20, 1962. It was tried and submitted on August 27th and is now ready for decision. It can be properly called a re-apportionment case. It is based upon the teachings of Baker v. Carr, 369 U.S. 186, 82 S.Ct. 691, 7 L.Ed.2d 663 (1962). It seeks to have this court determine that the legislative enactment of 1935 implementing Article III, Section 5 of the Nebraska Constitution (See footnote...

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