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CITY OF PHILADELPHIA v. KLUTZNICK

Civ. A. No. 80-3172.

503 F.Supp. 657 (1980)

CITY OF PHILADELPHIA; William J. Green, Individually and as Mayor of the City of Philadelphia; Marilyn McGinty; Curtis Owens; Rudy J. Arzon; Cecilia M. Yep; and John and Mary Doe, Individually and as class representatives; William H. Gray, III, Individually and as a member of the United States House of Representatives; Max Pievsky, Individually and as a member of the House of Representatives of the Commonwealth of Pennsylvania; Joseph F. Smith, Individually and as a member of the Senate of the Commonwealth of Pennsylvania v. Philip M. KLUTZNICK, Secretary of the United States Department of Commerce; Vincent P. Barabba, Director of the United States Bureau of the Census; United States Department of Commerce; Bureau of the Census, an agency within the United States Department of Commerce; Porter S. Rickley, Regional Director of the Philadelphia Region of the Bureau of the Census of the United States Department of Commerce; Thomas Heuring, District Manager for the 1980 Philadelphia Census.

United States District Court, E. D. Pennsylvania.

September 9, 1980.

Attorney(s) appearing for the Case

John E. Flaherty, Jr., Asst. City Sol., Philadelphia, Pa., for plaintiffs.

Alphonse M. Alfano, Dept. of Justice, Washington, D. C., for defendants.

MEMORANDUM AND ORDER

BECHTLE, District Judge.

Presently before the Court is plaintiffs' request, raised in their complaint and reiterated by motion, that the Court convene a three-judge court, pursuant to 28 U.S.C. § 2284. For the reasons discussed below, the plaintiffs' request will be denied.

In the case at bar, the plaintiffs, the City of Philadelphia, its mayor and several elected representatives and individual resident citizens, seek a...

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