249 F.2d 209 (8th Cir. 1957), 15889, Jackson v. Kuhn

Docket Nº:15889.
Citation:249 F.2d 209
Party Name:Mrs. Margaret JACKSON, and Charlene Jackson and Sandra Jackson, minors, by Mrs. Margaret Jackson, their mother, natural guardian and next friend, Appellants, v. Colonel William A. KUHN, individually and as Commanding Officer of the 101st Airborne Infantry Regiment, United States Army; and Major General Edwin A. Walker, individually and as Commandin
Case Date:November 20, 1957
Court:United States Courts of Appeals, Court of Appeals for the Eighth Circuit

Page 209

249 F.2d 209 (8th Cir. 1957)

Mrs. Margaret JACKSON, and Charlene Jackson and Sandra Jackson, minors, by Mrs. Margaret Jackson, their mother, natural guardian and next friend, Appellants,

v.

Colonel William A. KUHN, individually and as Commanding Officer of the 101st Airborne Infantry Regiment, United States Army; and Major General Edwin A. Walker, individually and as Commanding Officer of the Arkansas Military District of the United States Army, Appellees.

No. 15889.

United States Court of Appeals, Eighth Circuit.

November 20, 1957

Kenneth Coffelt, Little Rock, Ark., for appellants.

Donald B. MacGuineas, Attorney, Department of Justice, Washington, D.C. (George Cochran Doub, Asst. Atty. Gen., Osro Cobb, U.S. Atty., Little Rock, Ark. and Samuel D. Slade, Attorney, Department of Justice, Washington, D.C., with him), for appellees.

Before SANBORN, JOHNSEN and VOGEL, Circuit Judges.

PER CURIAM.

This is an appeal from an order of the District Court, (1) declining to cause

Page 210

a statutory three judge court to be convened under 28 U.S.C. § 2282, and (2) dismissing for lack of jurisdiction the complaint brought by the appellants against the appellees for an injunction and declaratory judgment. The appeal has been docketed, a record on appeal was filed on October 30, 1957, but no briefs have as yet been submitted, and the time for the filing of the appellants' brief has not yet expired.

The appellants have moved this Court to summarily remand the case to the District Court for trial before a three judge court or, in the alternative, to advance the appeal for immediate submission.

The complaint which the appellants assert was wrongfully dismissed by the District Court on its own motion alleged in substance that the plaintiff (appellant) Margaret Jackson is a 'resident citizen, taxpayer and patron of the Little Rock Independent School District, embracing the attendance area of Little Rock Central High School, in Pulaski County, Arkansas'; that the school and school district are state institutions supported by state taxpayers; that the plaintiffs Charlene and Sandra Jackson are the minor children of the plaintiff Margaret Jackson and are students in the high school; that Margaret Jackson brings this action in behalf of the plaintiffs and of other persons similarly situated in the school district; that the defendants are officers of the United...

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