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McBRIDE v. MAHONEY

No. CV 83-25-BV.

573 F.Supp. 913 (1983)

K. Ken McBRIDE, John Buttelman, Helen Kerr, Joyce Sandquist, Vernon Westlake, Thomas J. Kamp, Sonja Marchwick, Bradley Johnson, Raymond Tocci, Calvin Dunbar, on behalf of themselves and all other citizens and electors of Gallatin County and the State of Montana, Plaintiffs, v. Eugene MAHONEY, Jim Pasma, Joann Woodgerd, Louise Galt, John Kuhr, Individually and in their official capacities as members of the Montana Districting and Apportionment Commission; James Waltermire, Secretary of State of Montana; and the State of Montana, Defendants.

United States District Court, D. Montana, Butte Division.

October 4, 1983.

Attorney(s) appearing for the Case

Donald E. White and Karl P. Seel, White & Seel, Bozeman, Mont., for plaintiffs.

Judy Browning, Asst. Atty. Gen., Mike Greely, Atty. Gen., Helena, Mont., for defendants.

Before ANDERSON, Circuit Judge, and BATTIN and SMITH, District Judges.

OPINION AND ORDER

PER CURIAM:

In this case a group of Gallatin County citizens (plaintiffs) challenge the 1983 reapportionment plan finally adopted by the Montana Districting and Apportionment Commission (Commission).

It appears without dispute that the Commission was appointed in the manner prescribed by the Montana Constitution1 and that the Commission followed the procedure outlined by the Montana Constitution.

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