AVERY

v.

MIDLAND COUNTY ET AL.

Citator

Cited By

• United States v. Johnson, 390 U.S. 563 (U.S. 1968)
  …ourt granted a motion to dismiss the indictment on the ground that § 207 (b) of the Act1 makes the provision for relief by injunction the exclusive remedy under the Act. The case is here on appeal. 18 U. S. C. § 3731. We noted probable jurisdiction. 389 U. S. 910. The legislative history contains language which to the District Court seemed to preclude remedy by indictment. Senator Humphrey, floor manager of the bill, explained § 207 (b): “This would mean, for example, that a proprietor who, in the first in…
• Adickes v. S. H. Kress & Co., 409 F.2d 121 (2d Cir. 1968)
  …Nor can the violation of that Act form the basis of a claim under § 1983 since the injunctive remedy in that Act is the exclusive avenue of redress. 42 U.S.C. § 2000a-6(b); United States v. Johnson, 269 F.Supp. 706 (N.D.Ga.1967), prob. juris. noted, 389 U.S. 910, 88 S.Ct. 241, 19 L.Ed.2d 258; reversed, 390 U.S. 563, 88 S.Ct. 1231, 20 L.Ed.2d 132, on ground that proprietors or owners were not involved — only outsiders. Plaintiff’s reliance on that Act is therefore misplaced. VII. Plaintiff also contends th…
• The Herald Co. v. Harper, 410 F.2d 125 (8th Cir. 1969)
  …smiss writ of certiorari postponed to hearing of case on the merits.” 389 U.S. 805, 88 S.Ct. 28, 19 L.Ed.2d 59. Herald’s motion to transfer the case from the summary calendar to the regular calendar, filed October 14, 1967, was denied on October 23. 389 U.S. 910, 88 S.Ct. 230, 19 L.Ed.2d 257. In that motion, it was alleged that “the ques [*127] tions raised in the motion [to dismiss] are of vast importance not only to present an inevitable future litigation, but to fundamental concepts of government under t…