WHELAN v. CUOMO

No. 75-C-549.

415 F.Supp. 251 (1976)

Robert P. WHELAN, Plaintiff, v. Mario CUOMO, Secretary of State of the State of New York, Defendant.

United States District Court, E. D. New York.

June 15, 1976.


Attorney(s) appearing for the Case

Robert P. Whelan, pro se.

Louis J. Lefkowitz, Atty. Gen. of State of New York, New York City, for defendant; A. Seth Greenwald, Asst. Atty. Gen., New York City, of counsel.


JUDD, District Judge.

MEMORANDUM AND ORDER

In this civil rights action plaintiff seeks to enjoin the election of Congressmen from New York, on the theory that 2 U.S.C. § 2, fixing the number of representatives at 435, is unconstitutional.

Plaintiff seeks the convening of a three-judge court pursuant to 28 U.S.C. §§ 2281, 2284, and summary judgment pursuant to F.R.Civ.P. Rule 56. The defendant has filed his own motion for summary judgment...

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