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TUCKER v. U.S. DEPT. OF COMMERCE

No. 91-2051.

958 F.2d 1411 (1992)

Robert L. TUCKER, et al., Plaintiffs-Appellants, v. UNITED STATES DEPARTMENT OF COMMERCE; Robert A. Mosbacher, as Secretary of Commerce; Michael R. Darby, as Under Secretary for Economic Affairs; Bureau of the Census; Barbara E. Bryant, as Director of the Bureau; George H.W. Bush, as President of the United States; and Donald K. Anderson, as Clerk of the United States House of Representatives, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided March 16, 1992.

Rehearing and Rehearing Denied April 29, 1992.

Attorney(s) appearing for the Case

William J. Harte (argued), Joseph E. Tighe, Chicago, Ill., for plaintiffs-appellants.

Fred Foreman, U.S. Atty., Crim. Div., Nancy K. Needles, Asst. U.S. Atty., Civ. Div., Appellate Section, Chicago, Ill., Michael J. Singer, Mark Stern (argued), Dept. of Justice, Civ. Div., Appellate Section, Jason R. Baron, Dept. of Justice, Antitrust Div., Appellate Section, Stephen E. Hart, Anthony J. Coppolino, Dept. of Justice, Federal Programs Branch-Civ. Div., Washington, D.C., for defendants-appellees.

Kelly R. Welsh, Asst. Corp. Counsel, Office of the Corp. Counsel, Appeals Div., Chicago, Ill., for City of Chicago amicus curiae.

Before CUMMINGS, POSNER, and RIPPLE, Circuit Judges.

Rehearing and Rehearing En Banc Denied April 29, 1992.

POSNER, Circuit Judge.

This is a suit by residents of Illinois against the federal executive-branch officials responsible for the decennial census, and also against the Clerk of the House of Representatives. The complaint charges that the 1990 census, by undercounting blacks, Hispanics, illegal aliens, and poor people generally, has violated countless constitutional and statutory provisions, including...

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