Moore v. Charlotte-Mecklenburg Board of Education
Cases that cite this one
78 later published cases cite this decision. The 25 that cite it most often are listed here.
- County of Kaua'i Ex Rel. Nakazawa v. Baptiste (Haw. 2007)
- OFS FITEL, LLC v. Epstein, Becker and Green, PC (11th Cir. 2008)
- Transouth Financial Corporation of Florida v. Ralph Jennings Johnson, Vera Johnson (11th Cir. 1991)
- Langbord v. United States Department of the Treasury (District Court, E.D. Pennsylvania 2010)
- Marbut v. Secretary of State (Mont. 1988)
- Continental Assurance Co. v. MacLeod-stedman, Inc. (District Court, N.D. Illinois 1988)
- Financial Guaranty Insurance v. City of Fayetteville (8th Cir. 1991)
- Noah S. Bunker, Paul Carrell, Everett Brew Houston, Jr., W. Andrew Buchholz, Scott J. Leighty, Jad L. Davis, and Holly Clause v. Tracy D. Strandhagen (Tex. App. 2015)
- Barry v. City of New York (District Court, E.D. New York 2013)
- United States v. Overseas Shipholding Group, Inc. (1st Cir. 2010)
- McCann v. Tillman (11th Cir. 2008)
- Kay v. ONLINE VACATION CENTER HOLDINGS CORP. (United States District Court for the Southern District of Florida 2008)
- Paulsen v. Texas Equal Access to Justice Foundation (Tex. App. 2000)
- Application of Wattanasiri (District Court, S.D. New York 1997)
- United States v. Abel A. Mariano, Jr., United States of America v. Barry Butterworth (1st Cir. 1993)
- Carlough v. Amchem Products, Inc. (District Court, E.D. Pennsylvania 1993)
- Financial Guaranty Insurance Company v. The City Of Fayetteville, Arkansas (8th Cir. 1991)
- Federal Land Bank of Columbia v. Shepard (United States District Court for the Middle District of Georgia 1986)
- Delaware Department of Health and Social Services, Division for the Visually Impaired v. United States Department of Education (3d Cir. 1985)
- Cilco, Inc. v. Precision-Cosmet, Inc. (D. Minn. 1985)
- Delaware Department of Health & Social Services v. United States Department of Education (3d Cir. 1985)
- Charles Edwin Bullard v. W.J. Estelle, Jr., Director, Texas Department of Corrections, Respondent (5th Cir. 1983)
- City of Springfield v. Washington Public Power Supply System (District Court, D. Oregon 1983)
- City of Springfield v. Washington Public Power Supply System (District Court, D. Oregon 1983)
- Spirt v. Teachers Insurance & Annuity Ass'n (District Court, S.D. New York 1982)
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
Appellants seek review of the decision of the United States District Court for the Western District of North Carolina declaring a portion of the North Carolina anti-busing statute unconstitutional, and enjoining its enforcement. It is a companion case to No. 498, North Carolina State Board of Education v. Swann, ante, p. 43. We postponed decision on the question of jurisdiction, 400 U. S. 803 (1970), and after hearing on the merits we now dismiss the appeal for lack of jurisdiction.
At the hearing both parties argued to the three-judge court that the anti-busing law was constitutional and urged that the order of the District Court adopting the Finger plan should be set aside. We are thus confronted *48 with the anomaly that both litigants desire precisely the same result, namely a holding that the anti-busing statute is constitutional. There is, therefore, no case or controversy within the meaning of Art. Ill of the Constitution. Muskrat v. United States, 219 U. S. 346 (1911). Additionally, since neither party sought an injunction to restrain a state officer from enforcing a state statute alleged to be unconstitutional, 28 U. S. C. § 2281, this is not an appeal from “any civil action, suit or proceeding required ... to be heard ... by a district court of three judges,” 28 U. S. C. § 1253, and hence no direct appeal to this Court is available.
Dismissed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.