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McNICHOLS v. KLUTZNICK

No. 80-2023.

644 F.2d 844 (1981)

William H. McNICHOLS, Jr., Individually and in his official capacity as Mayor of the City and County of Denver, et al., Plaintiffs-Appellees, v. Philip M. KLUTZNICK, in his official capacity as the Secretary of the U. S. Department of Commerce, et al., Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

March 17, 1981.

Attorney(s) appearing for the Case

John F. Cordes, Civil Division, Dept. of Justice, Washington, D. C. (Alice Daniel, Asst. Atty. Gen., and Leonard Schaitman, Atty., Civil Division, Dept. of Justice, Washington, D. C., and Joseph F. Dolan, U. S. Atty. for the District of Colorado, Denver, Colo., with him on the briefs), for defendants-appellants.

George J. Cerrone, Jr., Asst. City Atty., Denver, Colo. (Max P. Zall, City Atty. for the City and County of Denver, Denver, Colo., with him on the brief), Denver, Colorado, for plaintiffs-appellees.

Before BARRETT, DOYLE and McKAY, Circuit Judges.

McKAY, Circuit Judge.

The action underlying this properly certified interlocutory appeal is a challenge to the population count reached by the Bureau of Census for the City of Denver, Colorado. The focal point of the litigation at this stage is the plaintiffs' charge that the Bureau has "over-counted" the number of vacant housing units in Denver. The plaintiffs, asserting their interests in the census count's effect on congressional representation and in various federal...

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