LISCO v. McNICHOLS

Civ. A. Nos. 7501, 7637.

208 F.Supp. 471 (1962)

Archie L. LISCO, and all Other Registered Voters of the Denver Metropolitan Area, State of Colorado, Similarly Situated, Petitioners, v. Stephen L. R. McNICHOLS as Governor of the State of Colorado, Tim Armstrong as Treasurer of the State of Colorado, George Baker as Secretary of the State of Colorado, the State of Colorado and the General Assembly Thereof, Respondents. William E. MYRICK, John Christensen, Ed Scott, Gordon Taylor, Henry Allard, Andres Lucas, John L. Kane, William J. Wells, Frank A. Carlson, William Eppinger, Allen L. Williams, Ruth S. Stockton, Kenneth Fenwick, Chester Hoskinson, and Joe B. Lewis, individually and as citizens of the State of Colorado, residents in the Counties of Adams, Arapahoe, and Jefferson, and taxpayers and voters in the State of Colorado, for themselves and for all other persons similarly situate, Plaintiffs and Petitioners, v. The FORTY-THIRD GENERAL ASSEMBLY OF the STATE OF COLORADO; Hon. Stephen L. R. McNichols, as Governor of the State of Colorado; Hon. Tim Armstrong, as Treasurer of the State of Colorado; and Hon. George Baker, as Secretary of State of the State of Colorado, Respondents and Defendants. Federal Plan for Apportionment, Inc., a Colorado corporation not for profit, Edwin C. Johnson, John C. Vivian, Joseph F. Little, Warwick Downing, Wilber M. Alter, as incorporators and directors thereof and individually and as citizens, residents and taxpayers of the State of Colorado, and John Doe, individually and as a citizen of the State of Colorado, a resident and inhabitant of the City and County of Denver, and a taxpayer of the State of Colorado, on behalf of themselves and for all persons similarly situate, Interveners.

United States District Court D. Colorado.

August 10, 1962.


Attorney(s) appearing for the Case

Salazar & Delaney, Denver, Colo., for petitioners in Civ. A. No. 7501.

Duke W. Dunbar, Atty. Gen., for the State of Colorado, Frank E. Hickey, Deputy Atty. Gen., and Richard W. Bangert, Asst. Atty. Gen., Denver, Colo., for respondents in Civ. A. No. 7501.

Charles Ginsberg, George Louis Creamer, Denver, Colo., for plaintiffs and petitioners in Civ. A. No. 7637.

Duke W. Dunbar, Atty. Gen., for the State of Colorado, Frank E. Hickey, Deputy Atty. Gen., and Richard W. Bangert, Asst. Atty. Gen., Denver, Colo., for respondents and defendants in Civ. A. No. 7637.

Charles S. Vigil, and Richard S. Kitchen, Sr., Denver, Colo., for interveners.

Philip J. Carosell, Denver, Colo., amicus curiae.

Before BREITENSTEIN, Circuit Judge, ARRAJ, Chief Judge, and DOYLE, District Judge.


PER CURIAM.

The above cases were consolidated for trial and disposition. The actions in each instance are on behalf of the plaintiffs for themselves and others similarly situated as taxpayers and qualified voters of the State of Colorado.

In Civil Action No. 7501 it is alleged that the plaintiff is a property owner and a registered voter who resides in Denver. He seeks to compel certain state officers to take specific affirmative action for the purpose of...

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