Wilson v. City of Port Lavaca, Texas, No. 1238
| Court | United States Supreme Court |
| Writing for the Court | PER CURIAM |
| Citation | 20 L.Ed.2d 636,88 S.Ct. 1502,391 U.S. 352 |
| Decision Date | 20 May 1968 |
| Docket Number | No. 1238 |
| Parties | Willett WILSON v. CITY OF PORT LAVACA, TEXAS et al |
v.
CITY OF PORT LAVACA, TEXAS et al.
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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Feinberg v. Federal Deposit Ins. Corp., No. 74-1970
...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.......
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Tape Industries Association of America v. Younger, Civ. No. 68-1938.
...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......
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Hargrave v. McKinney, No. 27140.
...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,......
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Sellers v. Regents of University of California, No. 23581.
...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......
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Feinberg v. Federal Deposit Ins. Corp., No. 74-1970
...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.......
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Tape Industries Association of America v. Younger, Civ. No. 68-1938.
...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......
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Hargrave v. McKinney, No. 27140.
...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,......
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Sellers v. Regents of University of California, No. 23581.
...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......