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UTAH v. EVANS

No. 2:01CV0023B.

143 F.Supp.2d 1290 (2001)

State of UTAH; Michael O. Leavitt, Governor; Olene S. Walker, Lieutenant Governor; Mark L. Shurtleff, Utah Attorney General; L. Alma Mansell, President of the Utah Senate; Martin R. Stephens, Speaker of the Utah House; Mike Dmitrich, Utah Senate Minority Leader; Ralph Becker, Utah House Minority Leader; Orrin G. Hatch, United States Senator; Robert F. Bennett, United States Senator; James V. Hansen, Member of Congress; Christopher B. Cannon, Member of Congress; James Matheson, Member of Congress; Blake J. Russon; Michael Wayne Andersen; Brent McGhie; Jean McGhie, Plaintiffs, v. Donald L. EVANS, Secretary of Commerce; William G. Barron, Director, United States Census Bureau, Defendants, State of North Carolina; Michael F. Easley, Governor; Beverly Perdue, Lieutenant Governor; Roy Cooper, North Carolina Attorney General; Marc Basnight, President Pro Tempore of the North Carolina Senate; James Black, Speaker of the North Carolina House; Patrick Ballentine, North Carolina Senate Minority Leader; Leo Daughtry, North Carolina House Minority Leader; Jesse Helms, United States Senator; John Edwards, United States Senator; Eva M. Clayton, Member of Congress; Bob Etheridge, Member of Congress; Walter B. Jones, Member of Congress; David Price, Member of Congress; Richard Burr, Member of Congress; J. Howard Coble, Member of Congress; Mike McIntyre, Member of Congress; Robin Hayes, Member of Congress; Sue Myrick, Member of Congress; T. Cass Ballenger, Member of Congress; Charles H. Taylor, Member of Congress; Melvin L. Watt, Member of Congress, Intervenors.

United States District Court, D. Utah, Central Division.

April 17, 2001.

Attorney(s) appearing for the Case

Thomas R. Lee, Lindon, Utah; Mark L. Shurtleff, Utah Attorney General, Raymond A. Hintze, Chief Civil Deputy Attorney General, J. Mark Ward, Assistant Attorney General, Utah Attorney General's Office, Salt Lake City, Utah; Gene C. Schaerr, Michael S. Lee, Jay T. Jorgensen, Sidley & Austin, Washington, D.C., for plaintiffs.

Rupa Bhattacharyya, Attorney, Stuart E. Schiffer, Acting Assistant Attorney General, Sandra M. Schraibman, Attorney, Amy M. Allen, Attorney, United States Department of Justice, Civil Division, Federal Programs Branch, Washington, D.C., for defendants.

Tiare B. Smiley, Special Deputy Attorney General, Roy Cooper, North Carolina Attorney General, Edwin M. Speas, Jr., Chief Deputy Attorney General, James Peeler Smith, Special Deputy Attorney General, North Carolina Attorney General's Office, Raleigh, North Carolina; Jathan W. Janove, Janove Baar Associates, L.C., Salt Lake City, Utah, for intervenors.

Before STEPHEN H. ANDERSON, Circuit Judge, DEE V. BENSON, Chief District Judge, and DAVID K. WINDER, District Judge.

MEMORANDUM OPINION

STEPHEN H. ANDERSON, Circuit Judge.

By constitutional and statutory mandate, the federal decennial Census is conducted, on behalf of Congress, by the Secretary of Commerce who has, in turn, delegated responsibility for conducting the Census to the Director of the Census Bureau. The "number of persons in each State" enumerated by the Director in each Census is used, inter alia, to apportion among the states seats in the United States House...

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