Surely v. Ratliff, 1113

Decision Date01 October 1967
Docket NumberNo. 1113,1113
Citation88 S.Ct. 1112,390 U.S. 412,19 L.Ed.2d 1272
PartiesAlan McSURELY et al. v. Thomas B. RATLIFF et al
CourtU.S. Supreme Court

Dan Jack Combs, Arthur Kinoy, William M. Kunstler and Morton Stavis, for appellants.

Solicitor General Griswold, for the United States.

PER CURIAM.

The motion to dismiss is granted and the appeal is dismissed for want of jurisdiction. The stay heretofore granted, 390 U.S. 914, 88 S.Ct. 845, is continued for 30 days in order to afford the appellants an opportunity to apply to the United States Court of Appeals for the Sixth Circuit for a stay. If such timely application is made, the stay entered by this Court shall remain in effect until the Court of Appeals acts on that application.

Mr. Justice BLACK and Mr. Justice DOUGLAS are of the opinion that probable jurisdiction should be noted and the case set for oral argument.

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16 cases
  • Sovereign News Co. v. Falke
    • United States
    • U.S. District Court — Northern District of Ohio
    • October 31, 1977
    ...the federal district court issued its injunctive order. See, McSurely, supra at 850-851, 853-854; appeal dismissed, 390 U.S. 412, 88 S.Ct. 1112, 19 L.Ed.2d 1272 (1968); 398 F.2d 817, 818 (6th Cir. 1968) (Sixth Circuit Judges Phillips, Celebrezze, and McCree, reversing the district court's r......
  • Board of Ed., Cincinnati v. Department of HEW
    • United States
    • U.S. District Court — Southern District of Ohio
    • April 18, 1975
    ...on the matter in issue are already pending, e. g., McSurely v. Ratliff, 282 F.Supp. 848 (E.D.Ky.1967), app. dism'd, 390 U.S. 412, 88 S.Ct. 1112, 19 L.Ed.2d 1272 (1968); Richardson v. Dudley, 295 F. Supp. 181 (D.N.Y.1969); the right to maintain a declaratory judgment action does not depend o......
  • McSurely v. McClellan
    • United States
    • U.S. Court of Appeals — District of Columbia Circuit
    • December 21, 1976
    ...21.29 See 389 U.S. 949, 88 S.Ct. 313, 19 L.Ed.2d 358 (1967).30 390 U.S. 914, 88 S.Ct. 845, 19 L.Ed.2d 974 (1968).31 390 U.S. 412, 88 S.Ct. 1112, 19 L.Ed.2d 1272 (1968).32 "After the decision of the (three-judge) District Court and before the time for appeal had expired, subpoenas duces tecu......
  • McSurely v. McClellan, 82-2369
    • United States
    • U.S. Court of Appeals — District of Columbia Circuit
    • December 10, 1982
    ...pending final disposition of the case. McSurely v. McClellan, 282 F.Supp. 848 (E.D.Ky.1967), app. dismissed, 390 U.S. 412, 88 S.Ct. 1112, 19 L.Ed.2d 1272 (1968). The state prosecutor subsequently made these papers available to a Senate subcommittee investigating riots which occurred in Nash......
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