National Association For the Advancement of Colored People v. Gallion

Decision Date23 October 1961
Docket NumberNo. 303,303
Citation82 S.Ct. 4,368 U.S. 16,7 L.Ed.2d 85
PartiesNATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, Petitioner, v. MacDonald GALLION, Attorney General of Alabama, et al
CourtU.S. Supreme Court

Robert L. Carter, Fred D. Gray, Arthur D. Shores, Orzell Billingsley, Jr., and Peter Hall, for petitioners.

MacDonald Gallion, Atty. Gen. of Alabama, and Willard W. Livingston, Leslie Hall and Gordon Madison, Asst. Attys. Gen., for respondents.

PER CURIAM.

The petition for a writ of certiorari is granted. The judgment below is vacated, and the case is remanded to the Court of Appeals with instructions to direct the District Court to proceed with the trial of the issues in this action unless within a reasonable time, no later than January 2, 1962, the State of Alabama shall have accorded to petitioner an opportunity to be heard on its motion to dissolve the state restraining order of June 1, 1956, and upon the merits of the action in which such order was issued. Pending the final determination of all proceedings in the state action, the District Court is authorized to retain jurisdiction over the federal action and to take such steps as may appear necessary and appropriate to assure a prompt disposition of all issues involved in, or connected with, the state action. Truax v. Corrigan, 257 U.S. 312, 331—334, 42 S.Ct. 124, 129, 66 L.Ed. 254.

Mr. Justice STEWART took no part in the consideration or decision of this case.

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6 cases
  • National Association For Advancement of Colored People v. Alabama Flowers
    • United States
    • U.S. Supreme Court
    • June 1, 1964
    ...and appropriate to assure a prompt disposition of all issues involved in, or connected with, the state action. * * *' 368 U.S. 16—17, 82 S.Ct. 4, 7 L.Ed.2d 85. In December 1961, more than five years after it was 'temporarily' ousted from Alabama, the Association obtained a hearing on the me......
  • Goss v. State of Illinois
    • United States
    • U.S. District Court — Northern District of Illinois
    • March 26, 1962
    ...L.Ed. 1324; Monroe v. Pape, 365 U.S. 167, 171, 81 S.Ct. 473, 5 L.Ed.2d 492; National Association for the Advancement of Colored People v. Gallion, Atty. Gen. of Alabama et al., 368 U.S. 16, 82 S.Ct. 4, 7 L.Ed.2d 85. Any state judicial decision which violates either due process of law or fre......
  • 414 Theater Corp. v. Murphy
    • United States
    • U.S. Court of Appeals — Second Circuit
    • May 17, 1974
    ...require the abstaining federal court to wait indefinitely for state courts to determine the merits. See NAACP v. Gallion, 368 U.S. 16, 82 S.Ct. 4, 7 L.Ed.2d 85 (1961). On July 20, 1973, nine days after Judge Lasker entered the order granting the preliminary injunction against enforcement of......
  • Progress Development Corporation v. Mitchell
    • United States
    • U.S. District Court — Northern District of Illinois
    • July 11, 1963
    ...concurrently pending in state and Federal court is enlightening. The case of National Association for the Advancement of Colored People v. Gallion, et al., 368 U.S. 16, 82 S.Ct. 4, 7 L.Ed.2d 85, involved an action against state officials for deprivation of rights, privileges or immunities g......
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