Wilson v. City of Port Lavaca
Cases that cite this one
37 later published cases cite this decision. The 25 that cite it most often are listed here.
- Jon Tom Staton v. James K. Mayes (10th Cir. 1977)
- Joseph C. Daniel, Jr. v. Hugh Waters, Chairman, Textbook Commission of the State of Tennessee (6th Cir. 1975)
- Dr. Elery Lay v. City of Kingsport, Tennessee (6th Cir. 1972)
- John Latham and Rachel Greene v. John J. Tynan, Commissioner of Motor Vehicles, State of Connecticut (2d Cir. 1970)
- Robert H. Hargrave v. Shellie McKinney (5th Cir. 1969)
- Clarence Jackson v. Hon. Emett C. Choate, U.S. District Judge, Southern District of Florida (5th Cir. 1968)
- Jackson v. Department of Public Welfare (United States District Court for the Southern District of Florida 1968)
- Garcia v. Krausse (5th Cir. 1976)
- Garcia v. Krausse (5th Cir. 1976)
- Weiser v. White (5th Cir. 1975)
- Richard Nixon v. Honorable Charles R. Richey, United States District Court for the District of Columbia (D.C. Cir. 1975)
- Reverend Herman L. Driskell v. Honorable Edwin W. Edwards, Governor, State of Louisiana, Etc. (5th Cir. 1975)
- Bernard Feinberg v. The Federal Deposit Insurance Corporation (D.C. Cir. 1975)
- Mansfield v. Weinberger (District Court, District of Columbia 1975)
- Weiser v. White (5th Cir. 1975)
- Joe David Toney v. Ronald Reagan (9th Cir. 1973)
- Denner v. Petrucci (3d Cir. 1971)
- Denner v. Petrucci (3d Cir. 1971)
- Mayhue's Super Liquor Store, Inc. v. Don Meiklejohn, as Director, Beverage Department, State of Florida (5th Cir. 1970)
- William G. Petuskey, Brian Florence, Intervenor-Appellant v. Calvin L. Rampton, as Governor of the State of Utah (10th Cir. 1970)
- Majuri v. United States (3d Cir. 1970)
- Firkins v. The State Of Colorado (10th Cir. 1970)
- Overstock Book Company, Inc. v. Barry (2d Cir. 1970)
- Tape Industries Association of America v. Younger (United States District Court for the Central District of California 1970)
- Majuri v. United States (3d Cir. 1970)
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
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. 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. Utility Comm’n v. Pennsylvania R. Co., 382 U. S. 281, 282.
It is so ordered.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.