ANDREWS v. KOCH

No. 81 Civ. 2542 (ERN).

528 F.Supp. 246 (1981)

Carl ANDREWS, Pedro S. Cordero and Benjamin Tenzer, Plaintiffs, v. Edward I. KOCH, both individually and as Mayor of the City of New York, the City of New York, Carol Bellamy, both individually and as President of the Council of the City of New York, Thomas J. Cuite, both individually and as Majority Leader and Vice Chairman of the Committee on Rules, Privileges, and Elections of the Council of the City of New York, Melvin Markus, both individually and as Chairman of the Redistricting Committee appointed by the Council of the City of New York, and the Board of Elections of the City of New York, Defendants.

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

November 17, 1981.


Attorney(s) appearing for the Case

LeBoeuf, Lamb, Leiby & MacRae by Kim Hoyt Sperduto, New York City (Gwenellen P. Janov and Blaine G. LeCense, New York City, of counsel), for plaintiffs.

Allen G. Schwartz, Corp. Counsel of the City of New York by Stephen P. Kramer, New York City (Susan R. Rosenberg and Meryl R. Kaynard, New York City, of counsel), for defendants Koch, City of New York, Bellamy, Markus and Bd. of Elections.

Paul, Weiss, Rifkind, Wharton & Garrison by Edward N. Costikyan, and Jonathan Sinnreich, New York City (Peter Schneider, New York City, of counsel), for defendants New York City Council and Cuite.

Herzfeld & Rubin, P.C. by Herbert Rubin, New York City (Peter J. Kurshan, New York City, of counsel), for intervenors.

Richard Emery, and Arthur Eisenberg, New York City, for New York Civil Liberties Union as amicus curiae.

Paul Wooten, Brooklyn, N. Y., for New York State Black and Puerto Rican Legislative Caucus as amicus curiae.

Cesar A. Perales, and Gabe Kaimowitz, New York City, for Puerto Rican Legal Defense & Education Fund, Inc., as amicus curiae.


MEMORANDUM OF DECISION AND ORDER

NEAHER, District Judge.

Plaintiffs in this action seek partial summary judgment on their first cause of action,1 which claims that New York City's electoral plan for electing ten of the 45 members2 of the City Council on an at-large basis violates their constitutional rights under the "one person, one vote" principle derived from the Fourteenth Amendment's equal protection...

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