ALEXANDER v. UNITED STATES

No. 12081.

173 F.2d 867 (1949)

ALEXANDER v. UNITED STATES and nine other cases.

United States Court of Appeals Ninth Circuit.

March 14, 1949.


Attorney(s) appearing for the Case

Gallagher, Margolis, McTernan & Tyre, Ben Margolis and John T. McTernan, all of Los Angeles, Cal., for appellants.

James M. Carter, U. S. Atty., of Los Angeles, Cal., and Max H. Goldschein, Frank De Nunzio and Vincent Russo, Sp. Assts. to the Atty. Gen., for appellee.

A. L. Wirin and Fred Okrand, both of Los Angeles, Cal., for American Civil Liberties Union, amicus curiae.

Daniel G. Marshall and Sam Houston Allen, both of Los Angeles, Cal., for Los Angeles and Hollywood-Beverly Hills Chapters National Lawyers' Guild, amicus curiae.

J. Bruce Fratis, George Olshausen and Benjamin Dreyfus, all of San Francisco, Cal., for San Francisco Chapter National Lawyers' Guild, amicus curiae.

Before DENMAN, Chief Judge, and MATHEWS, STEPHENS, HEALY, BONE and ORR, Circuit Judges.


PER CURIAM.

Judges Denman, Stephens and Orr think that the judgments in these cases should be reversed. Judges Mathews, Healy and Bone think that the judgments should be affirmed. The judgments are, therefore, affirmed by an equally divided court.

DENMAN, Chief Judge (dissenting).

This is a case in which the constitutional questions are of such importance that the court, sua sponte, ordered that it be heard in banc. When heard a vacancy existed, and...

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