BROWN v. THOMSON

No. C81-292.

536 F.Supp. 780 (1982)

Margaret R. BROWN, Judy Knight, Jane Maxwell, Marry Shenefield, Miriam S. Straughan, Sandra H. Shuptrine, Olive J. White, Plaintiffs, v. Thyra THOMSON, as Secretary of State of the State of Wyoming, Ed Herschler, Thyra Thomson, Shirley Wittler and James B. Griffith, as members of the State Canvassing Board, and Ed Herschler, as Governor of the State of Wyoming, Defendants, James L. Thompson, Gerald D. Bardo, Russell Thompson, Kenneth A. Gropp, Richard G. Pfister, Peter M. Hansen, Gertrude Chamberlain, Betty Percival, Mary L. Burke, Board of County Commissioners of the County of Niobrara, Kenneth R. Freeman, as a County Commissioner of the County of Niobrara and in his individual capacity, and Louis L. Landkamer as a County Commissioner of the County of Niobrara and in his individual capacity, Intervening Defendants.

United States District Court, D. Wyoming.

April 21, 1982.


Attorney(s) appearing for the Case

Sue Davidson and Edwin H. Whitehead of Urbigkit & Whitehead, Cheyenne, Wyo., for plaintiffs.

Steven F. Freudenthal, Atty. Gen., Peter J. Mulvaney, Deputy Atty. Gen., and Randall T. Cox, Asst. Atty. Gen., all for the State of Wyo., for defendants.

Richard J. Barrett of Hathaway, Speight & Kunz, Cheyenne, Wyo., for intervening defendants.

Before DOYLE, Circuit Judge, and KERR and BRIMMER, District Judges.


MEMORANDUM OPINION

KERR, District Judge.

Plaintiffs have filed this action challenging the constitutionality of the 1981 Reapportionment Law allocating a representative to Niobrara County and Section 3 of Article 3 of the Wyoming State Constitution. Section 3 provides that "each county shall constitute a ... representative district ... each county shall have at least ... one representative." Jurisdiction is based upon 28 U.S.C. § 1343(3) and (4). A...

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