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GONG v. KIRK

No. 23640.

375 F.2d 728 (1967)

Edmond J. GONG et al., Appellants, v. Claude R. KIRK, as Governor of the State of Florida et al., Appellees.

United States Court of Appeals Fifth Circuit.

March 27, 1967.

Attorney(s) appearing for the Case

Parker D. Thomson, D. P. S. Paul, Thomas C. Britton, Stuart Simon, Miami, Fla., for appellant.

John U. Lloyd, Fort Lauderdale, Fla., Edward D. Cowart and Robert A. Chastain, Asst. Attys. Gen., Earl Faircloth, Atty. Gen., Tallahassee, Fla., for appellees.

Before PHILLIPS, THORNBERRY and DYER, Circuit Judges.

PER CURIAM:

Appellants, by this litigation, bring into issue the constitutional validity of Florida's Congressional apportionment plan, Ch. 65-2441, Fla.Laws of 1965, Section 8.01, Florida Statutes, F.S.A., and seek to enjoin the implementation thereof. Appellants urged below that a three-judge court be convened to consider the matter pursuant to 28 U.S.C. § 2281.1 The district court declined to convene a three-judge court and proceeded...

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