NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE
v.
GALLION, ATTORNEY GENERAL OF ALABAMA, ET AL.

U.S. | 1961-10-23
No. 303
Mr. Justice Stewart took no part in the consideration or decision of this case.
368 U.S. 16 Supreme Court of the United States (1961) Positive Treatment
Cited by 4 cases
Per_curiam
Per Curiam.

Per Curiam.

The petition for a writ of certiorari is granted. The judgment below is vacated, and the case is remanded to the Court of Appeals with instructions to direct the District Court to proceed with the trial of the issues in this action unless within a reasonable time, no later than January 2, 1962, the State of Alabama shall have accorded to petitioner an opportunity to be heard on its motion to dissolve the state restraining order of June 1, 1956, and upon the merits of the action in which such order was issued. Pending the final determination of all proceedings in the state action, the District Court is authorized to retain jurisdiction over the federal action and to take such steps as may appear necessary and appropriate to assure a prompt disposition of all issues involved in, or connected with, the state action. Truax v. Corrigan, 257 U. S. 312, 331-334.

Mr. Justice Stewart took no part in the consideration or decision of this case.

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  • Nat'l Ass'n for the Advancement of Colored People v. Alabama Ex rel. Flowers, 377 U.S. 288 (U.S. 1964)
    …ion, the District Court is authorized to retain jurisdiction over the féderal action and to take such steps as may appear necessary and appropriate to assure a prompt disposition of all issues involved in, or connected with, the state action. . . .” 368 U. S. 16-17. In December 1961, more than five years after it was “temporarily” ousted from Alabama, the Association obtained a hearing on the merits in the Circuit Court of Montgomery County, the court which had issued the restraining order in 1956. On Dece…
  • 414 Theater Corp. v. Murphy, 499 F.2d 1155 (2d Cir. 1974)
    …ainly reassert the jurisdiction it was retaining in order to reach the merits. Neither comity nor sound judicial administration require the abstaining federal court to wait indefinitely for state courts to determine the merits. See NAACP v. Gallion, 368 U.S. 16, 82 S.Ct. 4, 7 L.Ed.2d 85 (1961). On July 20, 1973, nine days after Judge Lasker entered the order granting the preliminary injunction against enforcement of article 1, the New York City Griminal Court handed down a decision in certain consolidated…

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