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POWELL v. McCORMACK

No. 20897.

395 F.2d 577 (1968)

Adam Clayton POWELL, Jr., et al., Appellants, v. John W. McCORMACK, Speaker of the House of Representatives et al., Appellees.

United States Court of Appeals District of Columbia Circuit.

As Amended July 30, 1968.

Attorney(s) appearing for the Case

Mr. Arthur Kinoy, New York City, of the bar of the Court of Appeals of New York, pro hac vice, by special leave of court, Messrs. Frank D. Reeves and Herbert O. Reid, Sr., Washington, D. C., with whom Mr. William M. Kunstler, New York City, and Mrs. Jean Camper Cahn, Washington, D. C., were on the brief, for appellants.

Mr. Bruce Bromley, New York City, of the bar of the Court of Appeals of New York, pro hac vice, by special leave of court, with whom Messrs. Lloyd N. Cutler, John H. Pickering, Louis F. Oberdorfer, Max O. Truitt, Jr., and Timothy B. Dyk, Washington, D. C., were on the brief, for appellees.

Messrs. Thomas D. Barr, John R. Hupper and Jay E. Gerber, New York City, members of the bar of the Court of Appeals of New York, were also on the brief for appellee and were granted leave to appear in this case pro hac vice.

Before BURGER, McGOWAN and LEVENTHAL, Circuit Judges.

BURGER, Circuit Judge.

This case presents for the first time the question whether courts can consider claims that a Member-elect has been improperly excluded from his seat in the United States House of Representatives. On the basis of findings by that body that Member-elect Adam Clayton Powell, Jr., had been guilty of misconduct as a Member of a prior Congress and of contumacious conduct toward the courts of the State of...

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