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NOLAN v. RHODES

Civ. A. Nos. 6082, 6491.

218 F.Supp. 953 (1963)

James D. NOLAN, Plaintiff, v. James A. RHODES, Governor of Ohio, et al., Defendants. Leonard M. SIVE et al., Plaintiffs, v. Harry ELLIS et al., Defendants.

United States District Court S. D. Ohio, E. D.

June 12, 1963.

Attorney(s) appearing for the Case

Kenneth G. Weinberg, Cleveland, Ohio, Stewart R. Jaffy, Columbus, Ohio, for plaintiff James D. Nolan.

Jerome Goldman, Paul H. Tobias, Cincinnati, Ohio, for plaintiffs Leonard M. Sive and others; William T. Bahlman, Jr., Robert P. Goldman, Bruce I. Petrie, Charles H. Tobias, Jr., Harris K. Weston, Cincinnati, Ohio, of counsel.

Hugh A. Sherer, William E. Knepper, Sp. Counsel, Columbus, Ohio, for defendants James A. Rhodes and others.

Hugh A. Sherer, William E. Knepper, John J. Chester, Sp. Counsel, Columbus, Ohio, for defendants Harry Ellis and others.

Gerald A. Donahue, Sp. Counsel, Columbus, Ohio, for defendants County Boards of Elections and individual members thereof in Adams, Brown and Highland Counties.

George Schilling, Jr., Pros. Atty. of Clinton County, Wilmington, Ohio, for Defendant Clinton County Board of Elections and individual members thereof.

Before WEICK, Circuit Judge, and WEINMAN and PECK, District Judges.

WEICK, Circuit Judge.

These two actions were consolidated for hearing because each one questions the validity of the apportionment of Ohio's House of Representatives and seeks an adjudication that the last sentence in Article XI § 2 of the Constitution of Ohio be declared unconstitutional and void in violation of the Fourteenth Amendment to the Constitution of the United States. This sentence in the Ohio Constitution reads: "Provided, however, that each county...

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