ROBINSON

v.

BROWN, U. S. DISTRICT JUDGE

Citator

Cited By

• United States & Linda Stout v. Jefferson Cnty. Bd. OF Educ., 372 F.2d 836 (5th Cir. 1966)
  …Ed.2d 622, put beyond debate the need to exhaust remedies and the right of Negro students to file a class action. See also Armstrong v. Board of Education of the City of Birmingham, 5 Cir. 1963, 323 F. 2d 333, cert-denied sub. nom. Gibson v. Harris, 376 U.S. 908, 84 S.Ct. 661, 11 L.Ed.2d 606 (1964). In the sense that an individual pupil’s right under the equal protection clause is a “personal and present” right not to be discriminated against by being segregated,60 the dictum is a cliché. The Fourteenth Am…
• Kelley v. Metro. Cnty. Bd. OF Educ. OF Nashville & Davidson Cnty., 436 F.2d 856 (6th Cir. 1970)
  …or an indefinite time was final and is appealable under 28 U.S.C. § 1291. United States v. Lynd, 301 F. 2d 818 (5th Cir.), cert. denied, 371 U.S. 893, 83 S.Ct. 187, 9 L.Ed.2d 125 (1962); Harris v. Gibson, 322 F. 2d 780 (5th Cir. 1963), cert. denied, 376 U.S. 908, 84 S.Ct. 661, 11 L.Ed.2d 606 (1964). This view is, we believe, entirely consistent with settled doctrine of the United States Supreme Court. Dealing generally with the “final” order issue, the Supreme Court has said: “Under § 1291 an appeal may b…
• McSURELY v. McCLELLAN, 426 F.2d 664 (D.C. Cir. 1970)
  …se actions of the trial court which threaten that rights of the appellant will be irreparably lost should be granted the status of a final order appealable under 28 U.S.C. § 1291 (1964). Harris v. Gibson, 322 F. 2d 780 (5th Cir. 1963), cert. denied, 376 U.S. 908, 84 S.Ct. 661, 11 L.Ed.2d 606 (1964); United States v. Wood, 295 F. 2d 772 (5th Cir. 1961), cert. denied, 369 U.S. 850, 82 S.Ct. 933, 8 L.Ed.2d 9 (1962). The majority relies on rather skimpy authority for its view that jurisdiction attaches in this…