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CLINE v. ROBB

Civ. A. Nos. 82-0256-R to 82-0258-R, 82-0307-R and 82-0359-R.

548 F.Supp. 128 (1982)

Willard B. CLINE, individually and in his official capacity as Chairman of the Board of Supervisors of Augusta County, Virginia; et al., Complainants, v. Charles S. ROBB, Governor, Commonwealth of Virginia; et al., Defendants. John B. ADAMS, individually and in his official capacity as Chairman of the Board of Supervisors of Fauquier County, Virginia; et al., Complainants, v. Charles S. ROBB, Governor, Commonwealth of Virginia; et al., Defendants. A. Carl HANDLEY, Jr., individually and in his official capacity as Chairman of the Board of Supervisors of Middlesex County, Virginia; et al., Complainants, v. Charles S. ROBB, Governor, Commonwealth of Virginia; et al., Defendants. Jennings L. MORRIS, individually and in his official capacity as Chairman of the Board of Supervisors of Rockingham County, Virginia; et al., Complainants, v. Charles S. ROBB, Governor, Commonwealth of Virginia; et al., Defendants. Leslie A. BALLARD, individually and in his official capacity as Chairman of the Board of Supervisors of Tazewell County, Virginia; et al., Complainants, v. Charles S. ROBB, Governor, Commonwealth of Virginia; et al., Defendants.

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

Decided September 28, 1982.

Attorney(s) appearing for the Case

Robert C. Fitzgerald, Myron C. Smith, Fairfax, Va. (Edward A. Plunkett, Jr., County Atty., County of Augusta, Stuarts Draft, Va.; James P. Downey, County Atty., County of Fauquier, Fairfax, Va.; James H. Ward, Jr., County Atty., County of Middlesex, Saluda, Va.; George R. Aldhizer, Jr., County Atty., County of Rockingham, Harrisonburg, Va.; Robert M. Galumbeck, Commonwealth's Atty., Tazewell, Va., Tazewell County), for complainants.

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

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

BUTZNER, Circuit Judge:

The plaintiffs in this consolidated action are members of the Boards of Supervisors of the counties of Augusta, Fauquier, Middlesex, Rockingham, and Tazewell who challenge individually and in their official capacities the constitutionality of Chapter 1 of the Virginia General Assembly that reapportions the House of Delegates.1 We conclude that Chapter 1 does not violate...

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