CITY OF NEW YORK v. U.S. DEPT. OF COMMERCE

No. 88 CV 3474.

713 F.Supp. 48 (1989)

The CITY OF NEW YORK, The State of New York, the People of the State of California ex rel. John K. Van De Kamp, Attorney General, the City of Los Angeles, the City of Chicago, Dade County, Florida, the U.S. Conference of Mayors, the National League of Cities, the League of United Latin American Citizens, the National Association for the Advancement of Colored People, Marcella Maxwell, Donald H. Elliott, John Mack, Olga Morales, Timothy W. Wright III, Raymond G. Romero, Antonio Gonzales, and Athalie Range, Plaintiffs, v. UNITED STATES DEPARTMENT OF COMMERCE, C. William Verity, as Secretary of the United States Department of Commerce, Robert Ortner, as Under Secretary for Economic Affairs of the United States Department of Commerce, Bureau of the Census, John G. Kane, as Director of the Bureau of the Census, Ronald W. Reagan, as President of the United States, and Donald K. Anderson, as Clerk of the United States House of Representatives, Defendants.

United States District Court, E.D. New York.

April 27, 1989.


MEMORANDUM AND ORDER

McLAUGHLIN, District Judge.

Defendants move pursuant to Fed.R.Civ. P. 12(b)(1) to dismiss this action for want of subject matter jurisdiction. In the alternative, defendants move pursuant to Fed.R. Civ.P. 12(b)(6) or 56(b) for an order dismissing the Complaint. For the reasons discussed below, the motions are denied.

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