Van Hoose v. Eidson, 71-1542.
| Decision Date | 24 August 1971 |
| Docket Number | No. 71-1542.,71-1542. |
| Citation | 450 F.2d 746 |
| Parties | Floyd VAN HOOSE et al., Plaintiffs-Appellants, v. William P. EIDSON et al., Defendants-Appellees. |
| Court | U.S. Court of Appeals — Sixth Circuit |
Laurence E. Norton, Thomas M. Place, Mountain People's Rights, Prestonsburg, Ky., for appellants on memorandum in opposition to motion to dismiss.
John M. Williams, Robert P. Woods, Ashland, Ky., for appellees on motion to dismiss.
Before BROOKS, MILLER and KENT, Circuit Judges.
This is an appeal from a District Court order which denied relief to the appellant, a high school student who had been suspended for violation of the "Student and Employee Hair Code" of Boyd County High School (Kentucky), because his hair was too long.
In March, 1971, the Boyd County Board of Education adopted what is referred to as a "Hair Code." In the same month the four plaintiffs below were suspended from school for violation of the "hair code." This lawsuit resulted, in which the plaintiffs prayed that the "hair code" be declared unconstitutional, and further prayed that an injunction be granted requiring reinstatement of the plaintiffs and other relief. The District Court denied relief and a notice of appeal was filed entitled: "Floyd Van Hoose, et al, Plaintiffs-Appellants v. William P. Eidson, et al, Defendants-Appellees." Within the required time a motion to dismiss the appeal was filed setting forth that the case as to Floyd Van Hoose is moot and that no appeal has been properly taken for any other party. The motion further claims that the appellants did not properly designate the judgment or order from which this appeal was taken, but took the appeal from the order "entered on April 28, 1971," when in fact the order was entered on April 29, 1971.
We are satisfied that the only appellant in this case is Floyd Van Hoose. Rule 3(c), Rules of Appellate Procedure, requires in part: "The notice of appeal shall specify the party or parties taking the appeal." The only party specified in the notice of appeal filed in this case was Floyd Van Hoose. The term "et al" does not inform any other party or any court as to which of the plaintiffs desire to appeal in this case. This is more than a clerical error. Cook and Sons Equipment, Inc. v. Killen, 277 F.2d 607 (9th Cir., 1960); Penwell v. Newland, 180 F.2d 551 (9th Cir., 1950); 9 Moore's Federal Practice (2nd Ed. 1970) Section 203.17.
Floyd Van Hoose graduated from the Boyd County High School three days before the notice of appeal was filed in the District Court. We find no merit in the appellant's claim that he has a continuing interest in the case. Therefore, the case should...
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Minority Employees of the Tennessee Dept. of Employment Sec., Inc. v. State of Tenn., Dept. of Employment Sec.
...as in Torres, that the phrase failed to inform other parties or any court as to which parties intended to appeal. Van Hoose v. Eidson, 450 F.2d 746 (6th Cir.1971). is altogether evident that the Supreme Court has demanded clarity and strict adherence to promulgated rules, even though notion......
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J. C. Jacobs Banking Co. v. Campbell
...suit, the notice of appeal must, to be effective, include the names of those parties taking the appeal. Van Hoose, et al. v. Eidson, et al., 450 F.2d 746 (6th Cir. 1971); Cook & Sons Equipment, Inc. v. Killen, 277 F.2d 607 (9th Cir. While we might not be willing to go so far as to require t......
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Francis v. Clark Equipment Co.
...seems unlikely to be able to maintain.1 The fact that there are only two plaintiffs distinguishes the instant case from Van Hoose v. Eidson, 450 F.2d 746 (6th Cir.1971), where there were four plaintiffs. The title of that case, as set forth in the caption of the notice of appeal, identified......
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Cummings v. City Council of Gloucester, 89-P-762
...Nevertheless, even before the Torres decision, Fed.R.A.P. 3(c) was similarly interpreted in several circuits. See Van Hoose v. Eidson, 450 F.2d 746, 747 (6th Cir.1971); Covington v. Allsbrook, 636 F.2d 63, 64 (4th Cir.1980), cert. denied, 451 U.S. 914, 101 S.Ct. 1990, 68 L.Ed.2d 305 (1981);......