Wilson v. City of Port Lavaca, Texas, No. 1238

CourtUnited States Supreme Court
Writing for the CourtPER CURIAM
Citation20 L.Ed.2d 636,88 S.Ct. 1502,391 U.S. 352
Decision Date20 May 1968
Docket NumberNo. 1238
PartiesWillett WILSON v. CITY OF PORT LAVACA, TEXAS et al

391 U.S. 352
88 S.Ct. 1502
20 L.Ed.2d 636
Willett WILSON

v.

CITY OF PORT LAVACA, TEXAS et al.

No. 1238.
Decided May 20, 1968.

Willett Wilson, pro se.

PER CURIAM.

A three-judge federal court, convened pursuant to 28 U.S.C. § 2281, determined that plaintiff's claim was not 'one which must be heard by a three-judge court.' 285 F.Supp. 85, 87. It also ruled that the relief sought by plaintiff was not warranted. The district judge in whose court the case was originally filed adopted the action of the court as his own. The resulting situation is similar, we think, to that which results when a single judge declines to convene a three-judge court and denies relief: an appeal lies to the appropriate United States Court of Appeals, and not to this Court. Schackman v. Arnebergh, 387 U.S. 427, 87 S.Ct. 1622, 18 L.Ed.2d 865. It does not appear from the record that a protective appeal was lodged in the Court of Appeals, and the time to do so may have expired. Therefore, we vacate the judgment below and remand the case to the District Court so that it may enter a fresh decree from which a timely appeal may be taken to the Court of Appeals. Pennsylvania Public Utility Comm. v. Pennsylvania R. Co., 382 U.S. 281, 282, 86 S.Ct. 423, 15 L.Ed.2d 324.

It is so ordered.

Judgment vacated and case remanded.

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29 practice notes
  • Feinberg v. Federal Deposit Ins. Corp., No. 74-1970
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • November 17, 1975
    ...heard by a three-judge court. Schackman v. Arnebergh, 387 U.S. 427, 87 S.Ct. 1622, 18 L.Ed.2d 865 (1967); Wilson v. City of Port Lavaca, 391 U.S. 352, 88 S.Ct. 1502, 20 L.Ed.2d 636 (1968); Mengelkoch v. Industrial Welfare Commission, 393 U.S. 83, 89 S.Ct. 60, 21 L.Ed.2d 215 (1968); Hicks v.......
  • Tape Industries Association of America v. Younger, Civ. No. 68-1938.
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Central District of California
    • July 27, 1970
    ...in our names as a non-statutory Three-Judge Court, and also in the name of the single District Judge. Wilson v. City of Port Lavaca, 391 U.S. 352, 88 S. Ct. 1502, 20 L.Ed.2d 636 (1968); Swift & Co. v. Wickham, 382 U.S. 111, 86 S.Ct. 258, 15 L.Ed.2d 194 (1965); Jackson v. Choate, 404 F.2d 91......
  • Hargrave v. McKinney, No. 27140.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • June 9, 1969
    ...and bus, required debt service, and the millage required for junior college minimum effort." 4 Wilson v. City of Port of Lavaca, 1968, 391 U.S. 352, 88 S.Ct. 1502, 20 L.Ed.2d 636; Schackman v. Arnebergh, 1967, 387 U.S. 427, 87 S.Ct. 1622, 18 L.Ed.2d 865; Keyishian v. Board of Regents, 1967,......
  • Sellers v. Regents of University of California, No. 23581.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • September 17, 1970
    ...the complaint pursuant to appellee's motion. Our jurisdiction to hear the appeal 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 Treating the dismissal of the district c......
  • Request a trial to view additional results
29 cases
  • Feinberg v. Federal Deposit Ins. Corp., No. 74-1970
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • November 17, 1975
    ...heard by a three-judge court. Schackman v. Arnebergh, 387 U.S. 427, 87 S.Ct. 1622, 18 L.Ed.2d 865 (1967); Wilson v. City of Port Lavaca, 391 U.S. 352, 88 S.Ct. 1502, 20 L.Ed.2d 636 (1968); Mengelkoch v. Industrial Welfare Commission, 393 U.S. 83, 89 S.Ct. 60, 21 L.Ed.2d 215 (1968); Hicks v.......
  • Tape Industries Association of America v. Younger, Civ. No. 68-1938.
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Central District of California
    • July 27, 1970
    ...in our names as a non-statutory Three-Judge Court, and also in the name of the single District Judge. Wilson v. City of Port Lavaca, 391 U.S. 352, 88 S. Ct. 1502, 20 L.Ed.2d 636 (1968); Swift & Co. v. Wickham, 382 U.S. 111, 86 S.Ct. 258, 15 L.Ed.2d 194 (1965); Jackson v. Choate, 404 F.2d 91......
  • Hargrave v. McKinney, No. 27140.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • June 9, 1969
    ...and bus, required debt service, and the millage required for junior college minimum effort." 4 Wilson v. City of Port of Lavaca, 1968, 391 U.S. 352, 88 S.Ct. 1502, 20 L.Ed.2d 636; Schackman v. Arnebergh, 1967, 387 U.S. 427, 87 S.Ct. 1622, 18 L.Ed.2d 865; Keyishian v. Board of Regents, 1967,......
  • Sellers v. Regents of University of California, No. 23581.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • September 17, 1970
    ...the complaint pursuant to appellee's motion. Our jurisdiction to hear the appeal 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 Treating the dismissal of the district c......
  • Request a trial to view additional results

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