SEARS
v.
KLINGER, SUPERINTENDENT, CALIFORNIA MEN'S COLONY

U.S. | 1959-04-06
No. 569
359 U.S. 957 Supreme Court of the United States (1959) Positive Treatment
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  • Gen. Elec. Co. v. Callahan, 294 F.2d 60 (5th Cir. 1961)
    …nd if he errs in ruling that it does not then certainly appeal lies to the appropriate court of appeals. Cf. Jacobs v. Tawes, 4 Cir., 1957, 250 F. 2d 611, 614; Carrigan v. Sunland-Tujunga Telephone Co., 9 Cir., 1959, 263 F. 2d 568, certiorari denied 359 U.S. 957, 79 S.Ct. 893, 3 L.Ed.2d 841. In the exercise of our appellate jurisdiction we conclude that the court below was quite correct in proceeding as it did instead of invoking the procedures for convening a three-judge district court. It is true that on…

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