BODE v. NATIONAL DEMOCRATIC PARTY

No. 71-1536.

452 F.2d 1302 (1971)

Kenneth A. BODE, Individually and as Director and on Behalf of the Center for Political Reform, et al., Appellees, v. NATIONAL DEMOCRATIC PARTY et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided September 30, 1971.


Attorney(s) appearing for the Case

Mr. Joseph A. Califano, Jr., Washington, D. C., for appellants.

Mr. William Josephson, Washington, D. C., with whom Messrs. Joseph L. Rauh, Jr., John Silard and Elliott C. Lichtman, Washington, D. C., were on the brief, for appellees.

Messrs. Arthur K. Bolton, Atty. Gen., State of Georgia, Harold N. Hill, Jr., Executive Asst. Atty. Gen., and Robert J. Castellani, Asst. Atty. Gen., filed a brief on behalf of the State of Georgia as amicus curiae.

Before FAHY, Senior Circuit Judge, and ROBB and WILKEY, Circuit Judges.


FAHY, Senior Circuit Judge:

The District Court has held in this case that the appropriate constitutional method of apportionment of delegates to the 1972 Democratic National Convention is by a formula, to quote the language of the order, "based on the number of Democratic voters voting in one or more immediately preceding Presidential elections." In so ruling, the court also held that the delegate allocation formula recently adopted by the Democratic National Committee...

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