Pendergast v. United States

Supreme Court of the United States
Pendergast v. United States, 314 U.S. 574 (1941)
62 S. Ct. 116
Murphy, Took

Pendergast v. United States

Opinion of the Court

Per Curiam:

It does not appear that the proceedings sought to be reviewed required the presence of three judges under § 266 of the Judicial Code as amended, 28 U. S. C. § 380. Public Service Commission v. Brashear Lines, 312 U. S. 621, 625-26; Phillips v. United States, 312 U. S. 246, 248-51. The motion to dismiss is therefore granted and the appeals are dismissed. The appeals filed under § 238 of the Judicial Code as amended, 28 U. S. C. § 345, are dismissed for want of jurisdiction.

Mr. Justice Murphy and Mr. Justice Jackson took no part in this decision.

Reported below: 39 F. Supp. 189.

Reference

Full Case Name
Pendergast v. United States and O'Malley v. United States
Cited By
1 case
Status
Published