LATHROP

v.

DONOHUE

Citator

Cited By

• Burton v. Wilmington Parking Auth., 365 U.S. 715 (U.S. 1961)
  …-, -, 157 A. 2d 894, 902 (1960). On appeal here from the judgment as having been based upon a statute construed unconstitutionally, we postponed consideration of the question of jurisdiction under 28 U. S. C. § 1257 (2) to the hearing on the merits. 364 U. S. 810. We agree with the respondents that the appeal should be dismissed and accordingly the motion to dismiss is granted. However, since the action of Eagle in excluding appellant raises an important constitutional question, the papers whereon the appeal…
• Lathrop v. Donohue, 367 U.S. 820 (U.S. 1961)
  …in question the validity of a [state] statute . . . We postponed to the hearing on the merits the question whether the order continuing the State Bar indefinitely under the Rules and Bylaws is a “statute” for the purposes of appeal under § 1257 (2). 364 U. S. 810. We think that the order is a “statute” for the purposes of § 1257 (2). Under that, Section, the legislative character of challenged state action, rather than the nature of the agency of the State performing the act, is decisive of the question o…
• Mich. Nat'l Bank v. Michigan, 365 U.S. 467 (U.S. 1961)
  …es that there was practical equality of the total tax imposed upon building and loan associations and upon national banks.” It therefore affirmed the judgment, 358 Mich. 611, 101 N. W. 2d 245, and we noted probable jurisdiction of the bank’s appeal. 364 U. S. 810. This Court today substantially adopts the latter conclusion, and on that basis affirms the judgment. In doing so, I must say, with respect, that the Court ignores both the provisions of § 5219 and Michigan’s mode, plainly expressed in its Act 9, o…

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