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ORTIZ v. HERNANDEZ COLON

No. 74-1115.

511 F.2d 1080 (1975)

German ORTIZ et al., Plaintiffs-Appellees, v. Hon. Rafael HERNANDEZ COLON, Governor of the Commonwealth of Puerto Rico, et al., Defendants-Appellants.

United States Court of Appeals, First Circuit.

Decided February 28, 1975.

Attorney(s) appearing for the Case

Miriam Naveira de Rodon, Sol. Gen., with whom Peter Ortiz, Deputy Sol. Gen., was on brief, for appellant.

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

Before ALDRICH, McENTEE and CAMPBELL, Circuit Judges.

ALDRICH, Senior Circuit Judge.

We are faced with a somewhat thorny problem. On January 16, 1974 a three-judge district court, finding that it had jurisdiction, and declining to abstain because it saw no way that the Puerto Rico Supreme Court could resolve or remove the difficulty,1 held unconstitutional 21 LPRA § 1152(b) under which the Governor of Puerto Rico shall add to the twelve elected members of the Municipal Assembly of San...

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