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COSNER v. ROBB

Civ. A. Nos. 81-0492-R, 81-0516-R, 81-0530-R, 81-0552-R and 81-591-A.

541 F.Supp. 613 (1982)

Hugh C. COSNER, individually and in his official capacity as Chairman of the Board of Supervisors of Spotsylvania County, Virginia, et al., Plaintiffs, Board of Supervisors of Hanover County, Virginia, Plaintiff-Intervenor, Board of Supervisors of Chesterfield County, Virginia, Plaintiff-Intervenor, Joe Hornbarger, individually and in his official capacity as a member of the Town Council for the Town of Christiansburg, Virginia, et al., Plaintiff-Intervenors. v. Charles S. ROBB, Governor of Virginia, et al., Defendants. Kathleen K. Seefeldt, individually and in her official capacity as Chairman of the Board of County Supervisors of Prince William County, Virginia, et al., John F. Herrity, individually and in his official capacity as Chairman of the Board of Supervisors of Fairfax County, Virginia, et al., J. Henry McCoy, Jr., individually and in his official capacity as Mayor of the City of Virginia Beach, Virginia, et al., and Board of County Supervisors of Henrico County, Virginia, Defendant-Intervenors. James H. ELAM, Jr., et al., Plaintiffs, v. Charles S. ROBB, Governor of Virginia, et al., Defendants. COMMON CAUSE, a non-profit membership corporation suing on behalf of its members, et al., Plaintiffs, Howard E. Copeland, Plaintiff-Intervenor, v. Wayne LUSTIG, Chairman, State Board of Elections, et al., Defendants. Jack W. GRAVELY, et al., Plaintiffs, v. Charles S. ROBB, Governor of Virginia, et al., Defendants. Norborne P. BEVILLE, Jr., et al., Plaintiffs, v. Charles S. ROBB, Governor of Virginia, et al., Defendants. Paula A. FARADAY, et al., Plaintiffs, v. Charles S. ROBB, Governor of Virginia, et al., Defendants. Albert L. ELY, III, Plaintiff, v. Charles S. ROBB, Governor of Virginia, et al., Defendants.

United States District Court, E. D. Virginia, Richmond Division.

Decided June 21, 1982.

Attorney(s) appearing for the Case

Raymond R. Robrecht, Salem, Va. (William R. L. Craft, Jr., Christiansburg, Va., of counsel to the Town of Christiansburg, on brief), for plaintiffs Ely and the Town of Christiansburg.

Elizabeth B. Lacy, Deputy Atty. Gen. (Gerald L. Baliles, Atty. Gen., William G. Broaddus, Chief Deputy Atty. Gen., James E. Moore, Senior Asst. Atty. Gen., John A. Gibney, Jr., Asst. Atty. Gen., Richmond, Va., on brief), for defendants.

Before BUTZNER, Circuit Judge, and WARRINER and GLEN M. WILLIAMS, District Judges.

BUTZNER, Circuit Judge:

Albert L. Ely, III, plaintiff, the Town of Christiansburg and members of the Town Council, plaintiff-intervenors (Christiansburg), challenge the constitutionality of an Act (Chapter 1) that reapportions the electoral districts for the Virginia House of Delegates.1 We grant the State's motion for summary judgment.

I

In Cosner v. Dalton, 522 F.Supp. 350

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