U.S. Court of Appeals for the Third Circuit, 1959

Two Guys from Harrison-Allentown, Inc. v. McGinley

Two Guys from Harrison-Allentown, Inc. v. McGinley
U.S. Court of Appeals for the Third Circuit · Decided December 23, 1959
273 F.2d 954 (Federal Reporter, Second Series)

Two Guys from Harrison-Allentown, Inc. v. McGinley

Opinion of the Court

PER CURIAM.

The plaintiffs in this case have taken the position that they may appeal to the Supreme Court of the United States from an adverse decision by a three-judge court on the issue of the constitutionality of the statute and simultaneously appeal *955to the Court of Appeals on the issue of discriminatory enforcement of the statute. We think there is no basis for the allowance of a split appeal in this fashion. Therefore, we dismiss the appeal to this Court for want of jurisdiction. See 28 U.S.C.A. §§ 1253,1291.

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