SCHACKMAN ET AL.
v.
ARNEBERGH, CITY ATTORNEY FOR THE CITY OF LOS ANGELES, ET AL.
SCHACKMAN ET AL.
ARNEBERGH, CITY ATTORNEY FOR THE CITY OF LOS ANGELES, ET AL.
387 U.S. 427
Supreme Court of the United States (1967)
Positive Treatment
Cited by 70 cases
Per_curiam
Per Curiam.
Appellants seek review by this Court of the refusal by the District Court to convene a three-judge District Court pursuant to 28 U. S. C. §§ 2281-2284. We have held that such review is available in the Court of Appeals, Idlewild Bon Voyage Liquor Corp. v. Epstein, 370 U. S. 713, and not in this Court. Buchanan v. Rhodes, 385 U. S. 3.
The motion to dismiss is granted and the appeal is dismissed for lack of jurisdiction.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (34 total)
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Gonzalez v. Automatic Emps. Credit Union, 419 U.S. 90 (U.S. 1974)…. Where a single judge refuses to request the convention of a three-judge court, but retains jurisdiction, review of his refusal may be had in the court of appeals, see Idlewild Bon Voyage Liquor Corp. v. Epstein, supra, and Schackman v. Arnebergh, 387 U. S. 427, either through petition for writ of mandamus or through a certified interlocutory appeal under 28 U. S. C. § 1292 (b). These also are the routes of review of a three-judge court’s decision to dissolve itself, Mengelkoch v. Industrial Welfare Comm’n…
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Claudine Hall v. Garson, 430 F.2d 430 (5th Cir. 1970)…and the presence of a claim under § 1983 for which relief can be granted, we are also obligated to pass on the District Court’s refusal to request a three-Judge Court pursuant to 28 U.S.C.A. § 2284 (see note, 5 supra.) Schackman v. Arnebergh, 1967, 387 U.S. 427, 87 S.t. 1622, 18 L.Ed.2d 865. See Mayhue’s Super Liquor Store, Inc. v. Meiklejohn, 5 Cir., 1970, 426 F. 2d 142; Currie, Appellate Review of the Decision Whether or Not to Empanel a Three-Judge Federal Court, 37 U.Chi.L.Rev. 159 (1969). The first qu…
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Wilson v. City OF Port Lavaca, 391 U.S. 352 (U.S. 1968)…ing situation is similar, we think, to that which results when a single judge declines to convene a three-judge court and denies relief: an appeal lies to the appropriate United States Court of Appeals, and not to this Court. Schackman v. Arnebergh, 387 U. S. 427. It does not appear from the record that a protective appeal was lodged in the Court of Appeals, and the time to do so may have expired. Therefore, we vacate the judgment below and remand the case to the District Court so that it may enter a fresh d…
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- Idlewild Bon Voyage Liquor Corp. v. Epstein, 370 U.S. 713 (U.S. 1962)
- Baltimore & Ohio R.R. Co. v. United States, 385 U.S. 3 (U.S. 1966)