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BOROUGH OF BETHEL PARK v. STANS

Nos. 71-1007, 71-1063.

449 F.2d 575 (1971)

The BOROUGH OF BETHEL PARK, etc., et al. v. Maurice STANS, etc., et al. Appeal of James G. FULTON, etc., in No. 71-1007. Appeal of The CITY OF PHILADELPHIA, in No. 71-1063.

United States Court of Appeals, Third Circuit.

Decided September 30, 1971.

Attorney(s) appearing for the Case

John T. Tierney, III, Reed, Smith, Shaw & McClay, Pittsburgh, Pa. (Gilbert J. Helwig, Carl Krasik, Pittsburgh, Pa., Morris Ostrow, Asst. City Sol., Matthew W. Bullock, Jr., First Deputy City Sol., Levy Anderson, City Sol., Philadelphia, Pa., on the brief), for appellants.

E. Grey Lewis, Deputy Asst. Atty. Gen., Dept. of Justice, Civil Div., Washington, D. C. (Richard L. Thornburgh, U. S. Atty., Morton Hollander, Leonard Schaitman, Attys., Dept. of Justice, Washington, D. C., J. Patrick Heelen, Atty., Office of General Counsel, Dept. of Commerce, on the brief), for appellees.

Before SEITZ, VAN DUSEN and ADAMS, Circuit Judges.

OPINION OF THE COURT

SEITZ, Chief Judge.

The issues raised on appeal pose important questions regarding the propriety of certain procedures established by the Secretary of Commerce and the Director of the Bureau of the Census for the taking of the Nineteenth Decennial Census of the United States (1970 Census).

Two of the plaintiffs below, the City of Philadelphia and James G. Fulton, a Pennsylvania Congressman, appeal from an order of the district...

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