HEARNE v. SMYLIE 377 U.S. 563 (1964)

Herman J. McDevitt, for appellants.

Allan G. Shepard, Atty. Gen. of Idaho, and M. Allyn Dingel, Jr., Asst. Atty. Gen., for appellees.

PER CURIAM.

The judgment below is reversed. Baker v. Carr, 369 U.S. 186 ; Reynolds v. Sims, 377 U.S. 533 . The case is remanded for further proceedings consistent with the views stated in our opinions in Reynolds v. Sims and in the other cases relating to state legislative apportionment decided along with Reynolds.

Mr. Justice CLARK would reverse on the grounds stated in his opinion in Lucas v. Forty-Fourth General Assembly of Colorado, 377 U.S. 713, 741 , 1476.

Mr. Justice STEWART would remand for further proceedings consistent with the views stated in his dissenting opinion in Lucas v. Forty-Fourth General Assembly of Colorado, 377 U.S. 713, 744 , 1477.

Mr. Justice HARLAN dissents for the reasons stated in his dissenting opinion in Reynolds v. Sims, 377 U.S. 533, 589 , 1395.[ Hearne v. Smylie 377 U.S. 563 (1964) ]