ELLIS v. DIXON.

No. 20.

349 U.S. 458 (1955)

ELLIS v. DIXON ET AL., MEMBERS OF THE BOARD OF EDUCATION OF THE CITY OF YONKERS.

Supreme Court of United States.

Reargued April 20, 1955.

Decided June 6, 1955.


Attorney(s) appearing for the Case

Emanuel Redfield argued the cause and filed the briefs for petitioner.

J. Raymond Hannon argued the cause for respondents. With him on the brief was John Preston Phillips.

Daniel T. Scannell argued the cause for the City of New York, as amicus curiae, urging affirmance. With him on the briefs were Peter Campbell Brown, Seymour B. Quel and Helen R. Cassidy.


MR. JUSTICE HARLAN delivered the opinion of the Court.

Upon reargument the Court has come to the conclusion that the writ of certiorari1 should be dismissed as improvidently granted.

The New York Court of Appeals denied petitioner's motion for leave to appeal without stating any ground for its decision. 306 N.Y. 981. In these circumstances we must ascertain whether that court's decision "might" have rested on a nonfederal ground...

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