NICHOLAS DE B. KATZENBACH, ATTORNEY-GENERAL OF THE UNITED STATES, APPELLANT,
v.
HENRY B. MCCLELLAN, CIRCUIT COURT CLERK AND REGISTRAR OF HOLMES COUNTY, MISSISSIPPI, ET AL., APPELLEES; HENRY B. MCCLELLAN, CIRCUIT COURT CLERK AND REGISTRAR OF HOLMES COUNTY, MISSISSIPPI, ET AL., APPELLANTS, V. NICHOLAS DE B. KATZENBACH, ATTORNEY GENERAL OF THE UNITED STATES, APPELLEE

5th Cir. | 1965-03-08
No. 21219
341 F.2d 922 Court of Appeals for the Fifth Circuit (1965)

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Holding

The court held that the issues presented have been previously decided against the contentions of the appellees, requiring reversal and remand.


Facts & Procedural History

The appeals presented no new questions, and the issues had been decided against the appellees in prior cases. The district court was directed to grant…

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Opinion of the Court
PER CURIAM:

PER CURIAM:

No new questions are presented by these consolidated appeals. The issues have been decided against the contentions made by the appellees. See State of Alabama ex rel. Gallion v. Rogers, M. D. Ala., 1960, 187 F.Supp. 848, affirmed sub nom. Dinkens v. Attorney General, 5th Cir. 1961, 285 F. 2d 430, cert. denied, Dinkens v. Rogers, 366 U.S. 913, 81 S.Ct. 1085, 6 L.Ed.2d 236; Kennedy v. Lynd, 5th Cir. 1962, 306 F. 2d 222, cert. denied, 371 U.S. 952, 83 S.Ct. 507, 9 L.Ed.2d 500; Coleman v. Kennedy, 5th Cir. 1963, 313 F. 2d 867, cert. denied, 373 U.S. 950, 83 S.Ct. 1681, 10 L.Ed.2d 705; Kennedy v. Owen, 5th Cir. 1963, 321 F. 2d 116; and Kennedy v. Lewis, 5th Cir. 1963, 325 F. 2d 210, cert. denied, 377 U.S. 932, 84 S.Ct. 1334, 12 L.Ed.2d 295.

. It follows that the judgments must be reversed and remanded to the district court of the Southern District of Mississippi so that the applications of the Attorney General may be granted and an appropriate order may be entered as was directed in Kennedy v. Owen, supra.

The cross appeals will be dismissed. Judgment reversed and remanded, cross appeal dismissed.


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