TWO GUYS FROM HARRISON-ALLENTOWN, INC., APPELLANT
v.
PAUL A. MCGINLEY, DISTRICT ATTORNEY, COUNTY OF LEHIGH, PENNSYLVANIA. PENNSYLVANIA RETAILERS' ASSOCIATION, AMICUS CURIAE

3d Cir. | 1959-12-23
No. 13096
273 F.2d 954 United States Court of Appeals for the Third Circuit (1959) Positive Treatment
Cited by 4 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The plaintiffs in this case have taken the position that they may appeal to the Supreme Court of the United States from an adverse decision by a three-judge court on the issue of the constitutionality of the statute and simultaneously appeal to the Court of Appeals on the issue of discriminatory enforcement of the statute. We think there is no basis for the allowance of a split appeal in this fashion. Therefore, we dismiss the appeal to this Court for want of jurisdiction. See 28 U.S.C.A. §§ 1253,1291.


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