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ORTIZ v. COLON

No. 73-1017.

475 F.2d 135 (1973)

German ORTIZ et al., Plaintiffs, Appellants, v. Honorable Rafael Hernandez COLON, Governor of the Commonwealth of Puerto Rico, et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided March 28, 1973.

Attorney(s) appearing for the Case

Harvey B. Nachman, San Juan, P. R., with whom Dubon & Dubon, San Juan, P. R., and Nachman, Feldstein & Gelpi, San Juan, P. R., were on brief, for appellants.

Peter Ortiz, Asst. Sol. Gen., with whom Francisco De Jesus Schuck, Secretary of Justice, and J. F. Rodriguez Rivera, Acting Sol. Gen., were on brief, for appellee, Honorable Rafael Hernandez Colon, Governor of The Commonwealth of Puerto Rico.

Luis Munoz Rivera, pro se.

Before COFFIN, Chief Judge, McENTEE and CAMPBELL, Circuit Judges.

COFFIN, Chief Judge.

Appellants, on January 3, 1973, filed a complaint which sought to enjoin the Governor of Puerto Rico from complying with his statutory duty of appointing five members of the Municipal Assembly of San Juan, on the grounds that L.P.R.A., tit. 21, § 1152(b), which authorizes such action, results in an unconstitutional deprivation of equal protection in that the residents of San Juan, who elect twelve other members of the Municipal Assembly,...

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