THOMPSON
v.
WHITTIER, ADMINISTRATOR OF VETERANS AFFAIRS

U.S. | 1961-02-27
No. 500
365 U.S. 465 Supreme Court of the United States (1961) Positive Treatment
Cited by 10 cases

Per_curiam
Per Curiam.

Per Curiam.

The motion to dismiss is granted. The case does not arise under 28 U. S. C. § 2282, requiring the convening of a three-judge court. See I. L. G. W. U. v. Donnelly Garment Co., 304 U. S. 243. Therefore it cannot be directly brought here for review under 28 U. S. C. § 1253, and the appeal must be dismissed. Appellant is free to pursue his perfected appeal in the Court of Appeals.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Rusk v. Cort, 369 U.S. 367 (U.S. 1962)
    …licability of 28 U. S. C. § 2282 to this case. In view of the unanimous decision below, the fact that three judges heard the case originally would not affect an otherwise final and reviewable decision of the District Court. See Thompson v. Whittier, 365 U. S. 465; compare Garment Workers v. Donnelly Co., 304 U. S. 243, 251-252. Section 360 (a), 66 Stat. 163, 273, 8 U. S. C. § 1503 (a): “(a) If any person who is within the United States claims a right or privilege as a national of the United States and is d…
  • Kesler v. Dep't of Pub. Safety of Utah, 369 U.S. 153 (U.S. 1962)
    …e dissenting opinion of The Chief Justice, I agree with him that a three-judge court should not have been convened in this case, and that consequently this appeal is not properly before us. I would therefore dismiss the appeal. Thompson v. Whittier, 365 U. S. 465. The Court, however, holds that this appeal is properly here, and on the merits of the litigation I agree with the Court’s conclusion.…
  • Thompson v. Gleason, 317 F.2d 901 (D.C. Cir. 1962)
    …three-judge court was requested aud convened. It heard the case, and its opinion was reported at 185 E.Supp. 306 (1960). Appeal was taken to the Supreme Court, which dismissed on the ground that the three-judge court had been improvidently convened. 365 U.S. 465, 81 S.Ct. 712, 5 L.Ed.2d 704 (1961). Meantime this appeal had been noted in this court, and appellant pursued it. . Our present appellee is John S. Gleason, Jr., successor in office to Whittier. . 57 Stat. 555 (1943) (now 38 U.S.C. § 3504(a)). . D…

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