SHORT ET AL.
v.
NESS PRODUCE CO.
SHORT ET AL.
NESS PRODUCE CO.
385 U.S. 537
Supreme Court of the United States (1967)
Positive Treatment
Cited by 2 cases
Per_curiam
Per Curiam.
The motion to affirm is granted and the judgment is affirmed.
Mr. Justice Black and Mr. Justice Harlan are of the opinion that probable jurisdiction should be noted and the case set for oral argument.
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Citator
Cited By
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Mengelkoch v. Indus. Welf. Comm'n, 442 F.2d 1119 (9th Cir. 1971)…obsen, 362 U.S. 73, 85, 80 S.Ct. 568, 4 L.Ed.2d 568 (1960). Once properly convened, a three-judge court has jurisdiction over both the constitutional and non-constitutional issues. Ness Produce Co. v. Short, 263 F.Supp. 586, 588 (D.Ore. 1966) aff’d 385 U.S. 537, 87 S.Ct. 742, 17 L.Ed.2d 591 (1967); Sterling v. Constantin, 287 U.S. 378, 393-394, 53 S.Ct. 190, 77 L.Ed. 375 (1932). However, a properly convened three-judge court may determine the non-constitutional question first, leaving the constitutional qu…