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JONAS v. HEARNES

No. 14528-2.

246 F.Supp. 70 (1965)

M. Constance JONAS et al., Plaintiffs, and Paul W. Preisler et al., Intervenor-Plaintiffs, v. Honorable Warren A. HEARNES et al., Defendants, and F. V. Heinkel et al., Intervenor-Defendants, and Missouri State Chamber of Commerce et al., Intervenor-Defendants.

United States District Court W. D. Missouri, W. D.

May 10, 1965.

Attorney(s) appearing for the Case

Irving Achtenberg, of Achtenberg, Sandler & Balkin, George H. Morgan, Kansas City, Mo., for plaintiffs.

Paul W. Preisler and David M. Grant, St. Louis, Mo., for intervenor-plaintiffs.

Norman H. Anderson, Atty. Gen., J. Gordon Siddens, Donald L. Randolph, Joseph Nessenfeld, Asst. Attys. Gen., Jefferson City, Mo., for defendants.

David Collins, of Edwards, Hess & Collins, Macon, Mo., Sam D. Parker, Lathrop, Righter, Gordon & Parker, Kansas City, Mo., William W. Beckett, Alfred J. Hoffman, A. D. Sappington, Columbia, Mo., for intervenor-defendants.

Before RIDGE, Circuit Judge, and GIBSON and BECKER, District Judges.

PER CURIAM.

This is an action challenging the constitutionality of the present Missouri apportionment of representation in both houses of the Missouri Legislature. This Court held that apportionment scheme to be unconstitutional in a memorandum dated December 29, 1964, 236 F.Supp. 699. The memorandum concluded:

"However, in the interest of equity and justice, it must be ruled that the 1965 General Assembly of that State...

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