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DEEM v. MANCHIN

Civil Action Nos. 3:01cv75, 3:01cv78.

188 F.Supp.2d 651 (2002)

J. Frank DEEM, Elias Don Yoak, and Kenneth Yufer, Plaintiffs, Rick Handley, Phyllis Arthur, and Bob Baird, individually and in their official capacity as the County Commissioners of Mason County, West Virginia, Intervening Plaintiffs, v. Joseph MANCHIN, III, Secretary of State of West Virginia, Bob Wise, Governor of the State of West Virginia, Earl Ray Tomblin, President of the Senate of West Virginia, and Robert S. Kiss, Speaker of the House of Delegates of the State of West Virginia, in their official capacities, Defendants. John Unger, II, John Overington, Elizabeth Blake, Gregory Corliss, Jerry M. Mays, Kenneth Mays, Bill Moore, Shirley Moore, Clarence Pennington, William C. Ritchie, and Philip Spriggs, Plaintiffs, Rick Handley, Phyllis Arthur, and Bob Baird, individually and in their official capacity as the County Commissioners of Mason County, West Virginia, Intervening Plaintiffs, v. Joseph Manchin, III, Secretary of State of West Virginia, Bob Wise, Governor of the State of West Virginia, Earl Ray Tomblin, President of the Senate of West Virginia, and Robert S. Kiss, Speaker of the House of Delegates of the State of West Virginia, in their official capacities, Defendants.

United States District Court, N.D. West Virginia.

March 1, 2002.

Attorney(s) appearing for the Case

Lawrence M. Schultz, D. Michael Burke, Burke, Schultz, Harman & Jenkinson, Martinsburg, WV, David M. Hammer, Hammer, Ferretti & Schiavoni, Martinsburg, WV for John Unger, II., John Overington, Elizabeth Blake, Gregory Corliss, Jerry M. Mays, Kenneth Mays, Bill Moore, Shirley Moore, Clarence Pennington, William C. Ritchie, Phillip Spriggs.

David G. Hanlon, Harrisville, WV, for J. Frank Deem, Elias Don Yoak, Kenneth Yufer.

Matthew L. Clark, C. Dallas Kayser, C. Dallas Kayser, LC, Point Pleasant, WV, Damon B. Morgan, Jr., Prosecuting Attorney, Point Pleasant, WV, for Rick Handley, Phyllis Arthur, Bob Baird.

Robert D. Williams, Atty. Gen. Office, Charleston, WV, for Joseph Manchin.

Michael R. Crane, Senate President's Office, Charleston, WV, Jennifer B. Walker, Charleston, WV, Robert M. Bastress, Morgantown, WV, Thomas W. Smith, Charleston, WV, for Earl Ray Tomblin.

Michael R. Crane, Senate President's Office, Charleston, WV, Jennifer B. Walker, Charleston, WV, M. E. Mowery, WV House of Delegates, Charleston, WV, for Robert S. Kiss.

Silas B. Taylor, Atty. Gen. Office, Charleston, WV, for Bob Wise.

AMENDED MEMORANDUM OPINION

FABER, District Judge.

On September 19, 2001, the West Virginia Legislature enacted House Bill 511 which redistricted both chambers of the legislature based on the United States census of 2000. Two suits were filed challenging the constitutionality of the redistricting plan as it relates to the West Virginia Senate. The two suits were consolidated and this three-judge court appointed to hear them pursuant to 28 U.S.C. &...

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