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NORTON v. CAMPBELL

No. 8231.

359 F.2d 608 (1966)

Merrill L. NORTON, Appellant, v. Jack CAMPBELL, Governor of the State of New Mexico, Bruce King, Speaker of the House of Representatives of the State of New Mexico, W. C. Wheatley, President or presiding officer pro tempore of the Senate of the State of New Mexico, Harold Runnels, State Senator from Lea County, New Mexico, and Finis Heidel, State Representative from District 1, Lea County, New Mexico, Appellees.

United States Court of Appeals Tenth Circuit.

May 6, 1966.

Attorney(s) appearing for the Case

Barton L. Ingraham, Lovington, N. M., for appellant.

Myles E. Flint, Santa Fe, N. M. (Boston E. Witt, Atty. Gen., on brief), for appellees.

Before MURRAH, Chief Judge, and LEWIS and BREITENSTEIN, Circuit Judges.

MURRAH, Chief Judge.

This is an appeal by Norton, a New Mexico citizen and registered voter, from a judgment dismissing his suit for a declaration that the practice of electing two United States Representatives by statewide elections is unconstitutional and for an order dividing the state into two congressional districts unless the New Mexico legislature does so.

Since 1941 the State of New Mexico has been entitled to elect two members of the House of Representatives...

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