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MARSHALL v. HARE

Civ. No. 24013.

227 F.Supp. 989 (1964)

William C. MARSHALL, Barney Hopkins, August Scholle, Alexander D. Fuller and Charles A. Rogers, Plaintiffs, v. James M. HARE, Secretary of State of State of Michigan, Defendant, and Frank D. Beadle, John W. Fitzgerald, and Paul C. Younger, Senators of the State of Michigan, and Stanton S. Faville, Chief Assistant Attorney General of the State of Michigan, Intervening Defendants.

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

Judgment Reversed June 22, 1964.

Attorney(s) appearing for the Case

Theodore Sachs, Rothe, Marston, Mazey, Sachs & O'Connell, Detroit, Mich., for plaintiffs.

Frank J. Kelley, Atty. Gen. of State of Michigan, and Robert A. Derengoski, Sol. Gen. of State of Michigan, Lansing, Mich., for defendant.

Edmund E. Shepherd, Foster, Campbell, Lindemer & McGurrin, Lansing, Mich., R. William Rogers, Patrick J. Ledwidge, and George B. Martin, Dickinson, Wright, McKean & Cudlip, Detroit, Mich., for intervening defendants Beadle, Fitzgerald and Younger.

Stanton S. Faville, Chief Asst. Atty. Gen. of State of Michigan, James R. Ramsey and Russell A. Searl, Asst. Attys. Gen. of State of Michigan, Lansing, Mich., for intervening defendant Faville.

Judgment Reversed June 22, 1964. See 84 S.Ct. 1912.

KAESS, District Judge.

On June 20, 1963, the Board of State Canvassers certified that the vote on the Constitution proposed by the Michigan Constitutional Convention was 810,860 to 803,436 in favor of adoption. On June 21, 1963, this suit was brought to declare the provisions relating to the apportionment of the legislature, Mich. Const.1963, Art. IV, §§ 2-6, invalid under the Fourteenth Amendment...

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