Legal Opinion

City of Philadelphia v. Klutznick

District Court, E.D. Pennsylvania

Decided November 4, 1980No. Civ. A. 80-3172PublishedCited by 33 opinions

1Opinion of the Court

MEMORANDUM OPINION

BECHTLE, District Judge.

Presently before the Court is defendants’ motion to dismiss the within case which challenges the accuracy and conduct of the 1980 census in the City of Philadelphia. Defendants’ motion offers several grounds for dismissal: (1) lack of ripeness; (2) plaintiffs’ lack of standing; (3) presence of a nonjusticiable political question; (4) challenges to agency action which are excluded from judicial review; and, (5) failure of plaintiffs to state a claim upon which relief can be granted. For the reasons stated below, the motion was granted in part and…

2Cases cited25 opinions

  1. Warth v. SeldinSupreme Court of the United States · 1975
  2. Citizens to Preserve Overton Park, Inc. v. VolpeSupreme Court of the United States · 1971
  3. Baker v. CarrSupreme Court of the United States · 1962
  4. Abbott Laboratories v. GardnerSupreme Court of the United States · 1967
  5. Village of Arlington Heights v. Metropolitan Housing Development Corp.Supreme Court of the United States · 1977

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3Cited by33 opinions

  1. Department of Commerce v. United States House of RepresentativesSupreme Court of the United States · 1999
  2. New York v. U.S. Dep't of CommerceDistrict Court, S.D. Illinois · 2019
  3. Senate of California v. MosbacherCourt of Appeals for the Ninth Circuit · 1992
  4. United States House of Representatives v. United States Department of CommerceDistrict Court, District of Columbia · 1998
  5. City of New York v. United States Department of CommerceDistrict Court, E.D. New York · 1990

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