Schackman v. Arnebergh

CourtU.S. Supreme Court
Writing for the CourtPER CURIAM
CitationSchackman v. Arnebergh, 387 U.S. 427, 87 S.Ct. 1622, 18 L.Ed.2d 865 (1967)
Decision Date29 May 1967
Docket NumberNo. 1186,1186
PartiesHarry SCHACKMAN et al. v. Roger ARNEBERGH

-Burton Marks, for appellants.

Roger Arnebergh, pro se, Bourke Jones and Robert B. Burns, for appellees Arnebergh and others.

Harold W. Kennedy, George Wakefield and Martin E. Weekes, for appellees Younger and others.

Thomas C. Lynch, Atty. Gen. of California, pro se, and A. Barry Cappello, Deputy Atty. Gen., for appellee Lynch.

PER CURIAM.

Appellants seek review by this Court of the refusal by the District Court to convene a three-judge District Court pursuant to 28 U.S.C. §§ 2281—2284. We have held that such review is available in the Court of Appeals, Idlewild Bon oy age Liquor Corp. v. Epstein, 370 U.S. 713, 82 S.Ct. 1294, 8 L.Ed.2d 794, and not in this Court. Buchanan v. Rhodes, 385 U.S. 3, 87 S.Ct. 33, 17 L.Ed.2d 3.

The motion to dismiss is granted and the appeal is dismissed for lack of jurisdiction.

Motion granted.

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49 cases
  • People v. Adler
    • United States
    • California Superior Court
    • March 21, 1972
    ...California context. Schackman v. Arnebergh (C.D.Cal.1966), 258 F.Supp. 983, appeal dismissed for lack of jurisdiction (1967), 387 U.S. 427, 87 S.Ct. 1622, 18 L.Ed.2d 865 rehearing denied (1967), 389 U.S. 893, 88 S.Ct. 16, 19 L.Ed.2d 204, was an unsuccessful effort to enjoin a pending prosec......
  • Flack v. Municipal Court for Anaheim-Fullerton JudicialDist. of Orange County
    • United States
    • California Supreme Court
    • July 3, 1967
    ...Cir.1962) 311 F.2d 94, 105; Schackman v. Arnebergh (C.D.Cal.1966) 258 F.Supp. 983, dismissed for lack of jurisdiction, 387 U.S. 427, 87 S.Ct. 1622, 18 L.Ed.2d 865.On the other hand, the court in State v. Parisi (1962) 76 N.J.Super. 115, 183 A.2d 801, 805, reviewed relevant United States Sup......
  • Sellers v. Regents of University of California
    • United States
    • U.S. Court of Appeals — Ninth Circuit
    • September 17, 1970
    ...is not questioned. Wilson v. City of Port Lavaca, 391 U.S. 352, 88 S.Ct. 1743, 20 L.Ed.2d 636 (1968); Schackman v. Arnebergh, 387 U.S. 427, 87 S.Ct. 1622, 18 L.Ed.2d 865 (1967). Treating the dismissal of the district court as a summary judgment under Rule 56, FRCivP, we affirm the judgment,......
  • Wilson v. Edelman
    • United States
    • U.S. Court of Appeals — Seventh Circuit
    • September 28, 1976
    ...vacated and the case remanded to a three-judge court. Idlewild Bon Voyage Liquor Corp. v. Epstein, supra; Schackman v. Arnebergh, 387 U.S. 427, 87 S.Ct. 1622, 18 L.Ed.2d 865 (1967); Kennedy v. Mendoza-Martinez, 372 U.S. 144, 83 S.Ct. 554, 9 L.Ed.2d 644 (1963); Kendrick v. Walder, 527 F.2d 4......
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