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AVERY v. MIDLAND COUNTY

No. 39.

390 U.S. 474 (1968)

AVERY v. MIDLAND COUNTY ET AL.

Supreme Court of United States.

Decided April 1, 1968.

Attorney(s) appearing for the Case

Lyndon L. Olson argued the cause and filed a brief for petitioner.

W. B. Browder, Jr., and F. H. Pannill argued the cause and filed a brief for respondents.

Francis X. Beytagh, Jr., by special leave of Court, argued the cause for the United States, as amicus curiae, urging reversal. With him on the brief were Acting Solicitor General Spritzer and Assistant Attorney General Doar.

Louis J. Lefkowitz, Attorney General, and Daniel M. Cohen and Robert W. Imrie, Assistant Attorneys General, filed a brief for the State of New York, as amicus curiae, urging reversal.

MR. JUSTICE WHITE delivered the opinion of the Court.

Petitioner, a taxpayer and voter in Midland County, Texas, sought a determination by this Court that the Texas Supreme Court erred in concluding that selection of the Midland County Commissioners Court from single-member districts of substantially unequal population did not necessarily violate the Fourteenth Amendment. We granted review, 388 U.S. 905 (1967), because application...

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