Supreme Court of the United States, 1971

Smith v. Garza

Supreme Court of the United States · Decided April 5, 1971 · Appeal, Being, Douglas, Properly, Should, That

401 U.S. 1006; 91 S. Ct. 1257 (United States Reports)

Opinion of the Court

Appeal from D. C. W. D. Tex. Judgment vacated and case remanded so that the District Court may enter a fresh judgment from which a timely appeal may be taken to United States Court of Appeals for the Fifth Circuit if appellants so choose. Gunn v. University Committee to End the War in Vietnam, 399 U. S. 383 (1970).

Mr. Justice Douglas is of the opinion that judgment should be affirmed, being of the view that appeal is properly before this Court.

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