DEGRANDY v. WETHERELL

No. TCA 92-40015-WS. Civ. A. No. 92-40131.

794 F.Supp. 1076 (1992)

Miguel DeGRANDY, Mario Diaz-Balart, Andy Ireland, Casimer Smericki, Van B. Poole, Terry Ketchel, Roberto Casas, Rodolfo Garcia, Jr., Luis Rojas, Lincoln Diaz-Balart, Javier Souto, Justo Luis Poso, Alberto Cardenas, Rey Velazquez, Luis Morse, Alberto Gutman, Karen E. Butler, Sgt. Augusta Carter, Jean Van Meter, Anna M. Pinellas, Robert Woody, Gina Hahn, Bill Petersen, Terry Kester, Margie Kincaid, and Brooks White, Plaintiffs, v. T.K. WETHERELL, in his official capacity as Speaker of the Florida House of Representatives, Gwen Margolis, in her official capacity as President of the Florida Senate, Lawton Chiles, in his official capacity as Governor of the State of Florida, Jack Gordon, in his official capacity as Chairman of the Senate Reapportionment Committee, Peter R. Wallace, in his official capacity as Chairman of the House Reapportionment Committee, Jim Smith, in his official capacity as Secretary of State of Florida, Robert Butterworth, in his official capacity as Attorney General of Florida, Defendants. FLORIDA STATE CONFERENCE OF NAACP BRANCHES, T.H. Poole, Sr., Whitfield Jenkins, Leon W. Russell, Willye Dennis, Turner Clayton, Rufus Brooks, Victor Hart, Kerna Iles, Roosevelt Walters, Johnnie McMillian, Phyllis Berry, Mary A. Pearson, Mable Butler, Iris Wilson, Jeff Whigham, Al Davis, Peggy Demon, Carlton Moore, Richard Powell, Neil Adams, Leslie McDermott, Robert Saunders, Sr., Irv Minney, Ada Moore, Anita Davis, and Calvin Barnes, Plaintiffs, v. Lawton CHILES, in his official capacity as Governor of Florida, Jim Smith, in his official capacity as Secretary of State of Florida, Robert Butterworth, in his official capacity as Attorney General of Florida, Gwen Margolis, in her official capacity as President of the Florida Senate, T.K. Wetherell, in his official capacity as Speaker of the Florida House of Representatives, Jack Gordon, in his official capacity as Chairperson of the House Reapportionment Committee, and Peter R. Wallace, in his official capacity as Chairman of the House Reapportionment Committee, Defendants.

United States District Court, N.D. Florida, Tallahassee Division.

May 29, 1992.


Attorney(s) appearing for the Case

E. Thom Rumberger, Rumberger, Kirk & Caldwell, Orlando, Fla., George N. Meros, Jr., Rumberger, Kirk & Caldwell, Tallahassee, Fla., for DeGrandy.

Mark S. Levine, Tallahassee, Fla., for Simon Ferro.

George L. Waas, Denis Dean, Asst. Atty. Gen., Department of Legal Affairs, Tallahassee, Fla., for T.K. Wetherell.

James A. Peters, Cobb, Cole & Bell, Tallahassee, Fla., for Wetherell & Wallace.

F. Perry Odom, Joseph C. Jacobs, Ervin, Varn, Jacobs, Odom & Ervin, Tallahassee, Fla., for Andy Ireland.

Craig T. James, pro se.

Alberto Gutman, pro se.

Donald M. Middlebrooks, Steel, Hector & Davis, Miami, Fla., for Jim Bacchus.

Edwin I. Ford, Largo, Fla., for George C. McGough et al.

Richard E. Doran, Asst. Deputy Atty. Gen., Dept. of Legal Affairs, Tallahassee, Fla., for Chiles & Butterworth.

Sidney L. Matthew, Gorman & Matthew, P.A., Tallahassee, Fla., for Florida AFL-CIO.

Halley B. Lewis, pro se.

Daniel J. Webster, pro se.

W. Douglas Moody, Jr., Stephen N. Zack, Senate Committee on Reapportionment, Mark Herron, Mitchell D. Franks, Akerman, Senterfitt, Eidson & Moffitt, Tallahassee, Fla., for Margolis.

Parker D. Thomson, Carol A. Licko, Miami, Fla., H. Lee Moffitt, Akerman, Senterfitt, Eidson & Moffitt, Tallahassee, Fla., for Proffer as Special Master.

Stephen N. Zack, Miami, Fla., for Margolis & Gordon.

Aurora Ares, Thornton, David, Murray, Richard & Davis, P.A., Miami, Fla., for Cuban American Bar Ass'n.

Larry White, Tallahassee, Fla., Frank R. Parker, Brenda Wright, Lawyers' Committee for Civil Rights Under Law, Washington, D.C., for Gwen Humphrey, et al.

Charles G. Burr, Tampa, Fla., Harry L. Lamb, Jr., Perry & Lamb, P.A., Orlando, Fla., Dennis Courtland Hayes, Willie Abrams, NAACP Special Contribution Fund, Baltimore, Md., for Florida State Conference of NAACP Branches.

Henry C. Hunter, Charles E. Vanture, Tallahassee, Fla., Rodney G. Gregory, Rodney G. Gregory, P.A., Jacksonville, Fla., for Reaves, Brown & Hargarett.

Edwin J. Turanchik, Zinober & McCrea, Tampa, Fla., for Gwen Margolis.

Katharine Inglis Butler, University of South Carolina Law School, Columbia, S.C., for AFL-CIO.

Before HATCHETT, Circuit Judge, and STAFFORD and VINSON, District Judges.


OPINION

BY THE COURT.

Florida currently has nineteen members in its congressional delegation. According to the 1990 federal decennial census, increases in Florida's population entitle Florida to four additional members in the United States House of Representatives. Thus, the number in Florida's congressional delegation has increased to twenty-three.

According to the 1990 census data, the total population of the state of Florida is 12,937,926 persons...

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