Kelley v. Board of Education of the City of Nashville, Civ. A. No. 2094.
| Decision Date | 28 March 1956 |
| Docket Number | Civ. A. No. 2094. |
| Citation | 139 F. Supp. 578 |
| Parties | Robert W. KELLEY et al., Plaintiffs, v. BOARD OF EDUCATION OF THE CITY OF NASHVILLE, Davidson County, Tennessee, et al., Defendants. |
| Court | U.S. District Court — Middle District of Tennessee |
Z. Alexander Looby, and Avon N. Williams, Jr., Nashville, Tenn., for plaintiffs.
Reber Boult, and Edwin F. Hunt, Nashville, Tenn., for defendants.
Before MARTIN, Circuit Judge, DAVIES, Chief Judge, and MILLER, District Judge.
The above three-judge District Court, having been duly assembled in compliance with the complaint filed in this cause, has this day heard and considered arguments in open court on the motion of attorneys for the defendants for a dissolution of this three-judge court and for a remand of the cause to a single district judge for trial, upon the grounds that Section 2281 of Title 28, United States Code, is not applicable and that, accordingly, a three-judge court does not have jurisdiction.
The same position taken by defendants in the foregoing motion was also taken by defendants in the answer filed in the cause, and also in open court on argument of the motion. Therefore, it is obvious that no necessity for the hearing of the cause by a three-judge District Court exists, since the unenforcibility of the Constitution and Statutes of Tennessee has been conceded by defendants. The motion to dissolve the three-judge District Court is, therefore, granted, and the case is remanded to be heard by a District Judge.
This Court has also considered the second ground of the motion of defendants argued today that the case should be continued to afford the Board of Education of the City of Nashville an opportunity to formulate a plan in compliance with the principles announced by the Supreme Court in Brown v. Board of Education, 347 U.S. 483, 74 S.Ct. 686, 98 L.Ed. 873.
In the second opinion in Brown v. Board of Education, 349 U.S. 294, 299, 300, 301, 75 S.Ct. 753, 756, 99 L.Ed. 1083, the Supreme Court said:
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Kirkland v. Wallace
...issue" by previous Supreme Court decisions. It is unlike the cases relied on by the Court in Bailey, i. e., in Kelley v. Board of Education, 139 F.Supp. 578 (M.D.Tenn.1956), defendants conceded the unconstitutionality of state constitutional and statutory provisions and themselves moved for......
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Gates v. Collier
...unconstitutional. Willis v. Walker, D.C., 136 F.Supp. 181; Bush v. Orleans Parish School Board, D.C., 138 F.Supp. 336; Kelley v. Board of Education, D.C., 139 F.Supp. 578. We denied leave to file petitions for mandamus in Bush, 351 U.S. 948, 76 S.Ct. 854, 100 L.Ed. 1472, and from a similar ......
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Kelley v. Metropolitan Cty. Bd. of Ed. of Nashville, Tenn.
...case in the proceedings in the District Court, in this Court, and in the United States Supreme Court: Kelley v. Board of Education of City of Nashville, 139 F.Supp. 578 (M.D.Tenn. 1956) (Dissolution of three-judge court); Kelly v. Board of Education of City of Nashville, 159 F. Supp. 272 (M......
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Goosby v. Osser
...v. Durham City Board of Education, 176 F.Supp. 3 (MDNC 1959); Jeffers v. Whitley, 197 F.Supp. 84 (MDNC 1961); Kelley v. Board of Education, 139 F.Supp. 578 (MD Tenn.1956). 5 We also read respondents' brief as rejecting the view of the single judge that the municipal officials must defer to ......