Assembly Of The State Of California v. United States Department Of Commerce

968 F.2d 916 61 USLW 2061 ASSEMBLY OF THE STATE OF CALIFORNIA, Honorable Willie L. Brown, Jr., Speaker of the Assembly of the State of California; Honorable Peter R. Chacon, Chairman, Assembly Committee on Elections, Reapportionment & Constitutional Amendments; Assembly Committee on Elections, Reapportionment & Constitutional Amendments of the Assembly of the State of California, Plaintiffs-Appellees, v. UNITED STATES DEPARTMENT OF COMMERCE, Defendant-Appellant. No. 92-15217. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 11, 1992. Decided July 1, 1992. As Amended on Denial of Rehearing and Rehearing En Banc Sept. 17, 1992. Mark Stern, U.S. Dept. of Justice, Washington, D.C., for defendant-appellant. Charles C. Marson, Remcho, Johansen & Purcell, San Francisco, Cal., for plaintiff-appellee. Appeal from the United States District Court for the Eastern District of California. Before FLETCHER, POOLE and T.G. NELSON, Circuit Judges. FLETCHER, Circuit Judge: 1 The Department of Commerce ("DOC") appeals the district court's summary judgment in favor of the Assembly of California ("Assembly") requiring that computer tapes containing statistically…