BADHAM v. U.S. DIST. CT. FOR N.D. OF CAL.

No. 83-7487.

721 F.2d 1170 (1983)

Robert E. BADHAM, Robert W. Naylor, Eric Seastrand, Aldo Silvestri, Michael W. Cobb, Frank O. Verlot, Donna S. Richardson, Peter Schrager, Jane Baker, Charles A. Meyer, Kirk Lindsey, Donald Driscoll, Roger T. Erickson, D.D.S., Petitioners, v. UNITED STATES DISTRICT COURT FOR the NORTHERN DISTRICT OF CALIFORNIA, Respondent, and March Fong Eu, Secretary of State of the State of California, Real Party in Interest.

United States Court of Appeals, Ninth Circuit.

Decided September 26, 1983.

Rehearing Denied December 12, 1983.


Attorney(s) appearing for the Case

James R. Parrinello, Dobbs, & Nielsen, San Francisco, Cal., for petitioners.

Robert E. Murphy, Joseph Remcho, Remcho, Johansen & Purcell, San Francisco, Cal., Jonathan H. Steinberg, Irell & Manella, Los Angeles, Cal., Joseph Remcho, San Francisco, Cal., for respondent.

Before DUNIWAY, WALLACE, and PREGERSON, Circuit Judges.


WALLACE, Circuit Judge:

Registered Republican voters in several congressional districts in the State of California (the Republicans) challenge California Assembly Bill 2X, a congressional redistricting bill, on several state and federal constitutional grounds. A statement of the facts is contained in the district court's disposition, which follows this opinion. Employing the doctrine of Railroad Commission v. Pullman Co., 312 U.S. 496

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