Fair v. Sebesta, 72-3301

Decision Date11 April 1973
Docket NumberNo. 72-3301,72-3300 Summary Calendar.,72-3301
Citation475 F.2d 1140
PartiesJim FAIR and Jim Hinnant, both Individually and as representative of the class of similarly situated residents of of the State of Florida, Plaintiffs-Appellees, v. Jim SEBESTA, as Supervisor of Elections, Hillsborough County, Florida, etc., et al., Defendants-Appellants. Joel Francis WOODMAN, Individually, and Joel Francis Woodman, as representative of the class, etc., et al., Plaintiffs-Appellees, v. James SEBESTA, Supervisor of Elections, Hillsborough County, Florida, et al., Defendants-Appellants.
CourtU.S. Court of Appeals — Fifth Circuit

Robert L. Shevin, Atty. Gen., Jerry E. Oxner, Asst. Atty. Gen., Tallahassee, Fla., David W. Thorpe, Asst. County Atty., Tampa, Fla., for James Sebesta.

Jim Fair, pro se.

Leslie Harold Levinson, Gainesville, Fla., Richard P. Condon, Tampa, Fla., for Hinnant.

Before THORNBERRY, GOLDBERG and RONEY, Circuit Judges.

PER CURIAM:

We find that these consolidated cases require a three-judge district court, 28 U.S.C. § 2281. We therefore vacate the decision of the lower court, 346 F.Supp. 913, for want of jurisdiction and remand the cases with instructions to convene a three-judge district court pursuant to 28 U.S.C. § 2284.

Vacated and remanded.

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3 cases
  • Hinnant v. Sebesta, 72-440-Civ-T-H and 72-443-Civ-T-H.
    • United States
    • U.S. District Court — Middle District of Florida
    • September 7, 1973
    ...constituted. It therefore vacated the decision of the single judge and remanded the case to the District Court. Fair and Hinnant v. Sebesta, 475 F.2d 1140 (5th Cir. 1973). Chief Judge Brown then convened this three-judge court and the case was reargued. We find, as the single District Judge......
  • Meyers v. Jackson, LR-74-C-320.
    • United States
    • U.S. District Court — Eastern District of Arkansas
    • February 24, 1975
    ...346 F.Supp. 913. There was an appeal, and the Court of Appeals directed that a three Judge court be convened. Fair and Hinnant v. Sebesta, 5 Cir., 1973, 475 F.2d 1140. The decision in the Florida case cited in the text hereof is that of the statutory court. As far as we have ascertained, th......
  • Jahn v. Commissioner of Internal Revenue
    • United States
    • U.S. Court of Appeals — Sixth Circuit
    • April 12, 1973

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