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Forty-Fourth General Assembly v. Lucas

379 U.S. 693 Court SCOTUS Decision date 1965-02-01 Docket No. 661 English

Decision Majority — Per Curiam. · Concurring — Clark J.

Contents
p. 693
FORTY-FOURTH GENERAL ASSEMBLY OF COLORADO et al. v. LUCAS et al.
No. 661.
Decided February 1, 1965.
Duke W. Dunbar, Attorney General of Colorado, Charles S. Vigil, Richard S. Kitchen, Sr., Stephen H. Hart and James Lawrence White for appellants.
Charles Ginsberg and George Louis Creamer for ap-pellees.

Insofar as the judgment of the District Court decides federal questions, it is affirmed. Insofar as the judgment decides other questions, it is vacated and the cause is remanded for further consideration in light of the supervening decision of the Colorado Supreme Court in White v. Anderson, - Colo. -, 394 P. 2d 333 (1964).

concurring.

It is our understanding that the Court’s disposition of this case leaves it open to the District Court to abstain On the question as to the severability of the various provisions of Amendment No. 7, pending resolution of that issue with reasonable promptitude in further state court proceedings. We deem it appropriate explicitly to state our view that this is the coursé which the District Court should follow. On this basis, we join the Court’s opinion.