Supreme Court of the United States, 1941

Pendergast v. United States

Pendergast v. United States
Supreme Court of the United States · Decided October 13, 1941 · Murphy, Took
314 U.S. 574; 62 S. Ct. 116 (United States Reports)

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.

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