
    No. 81-1731.
    Schatzle v. Kirkpatrick, Secretary of State of Missouri, et al.
   Affirmed on appeal from D. C. W. D. Mo.

Justice Rehnquist,

concurring.

Appellant in this case requests that we overrule Kirkpatrick v. Preisler, 394 U. S. 526 (1969). But here the District Court did not invalidate a reapportionment plan duly adopted by the state legislature; it merely adopted a plan of its own when the legislature was unable to reach agreement. This case, therefore, does not require that we address appellant’s suggestion respecting Kirkpatrick v. Preisler, supra.  