Supreme Court of the United States, 1961

National Ass'n for the Advancement of Colored People v. Gallion

Supreme Court of the United States · Decided October 23, 1961 · Stewart

368 U.S. 16; 82 S. Ct. 4; 7 L. Ed. 2d 85; 1961 U.S. LEXIS 291 (United States Reports)

Counsel

Robert L. Carter, Fred D. Cray, Arthur D. Shores, Orzell Billingsley, Jr. and Peter Hall for petitioner., MacDonald Qallion, Attorney General of Alabama, and Willard W. Livingston, Leslie Hall and Cordon Madison, Assistant Attorneys General, for respondents.

Cases that cite this one

7 later published cases cite this decision.

Theater Corp. v. Murphy (2d Cir. 1974)
414 Theater Corp. v. Murphy (2d Cir. 1974)
Progress Development Corporation v. Mitchell (District Court, N.D. Illinois 1963)
National Ass'n for the Advancement of Colored People v. Flowers (United States District Court for the Northern District of Alabama 1963)
Goss v. State of Illinois (District Court, N.D. Illinois 1962)
Iren Anderson v. US Department of Education (United States District Court for the Central District of California 2022)
National Ass'n for the Advancement of Colored People v. Alabama Ex Rel. Flowers (Supreme Court of the United States 1964)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

Per Curiam.

The petition for a writ of certiorari is granted. The judgment below is vacated, and the case is remanded to the Court of Appeals with instructions to direct the District Court to proceed with the trial of the issues in this action unless within a reasonable time, no later than January 2, 1962, the State of Alabama shall have accorded to petitioner an opportunity to be heard on its motion to dissolve the state restraining order of June 1, 1956, and upon the merits of the action in which such order was issued. Pending the final determination of all proceedings in the state action, the District Court is authorized to retain jurisdiction over the federal action and to take *17 such steps as may appear necessary and appropriate to assure a prompt disposition of all issues involved in, or connected with, the state action. Truax v. Corrigan, 257 U. S. 312, 331-334.

Mr. Justice Stewart took no part in the consideration or decision of this case.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.