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NATIONAL ASS'N FOR ADV. OF COLORED PEOPLE v. BENNETT

Civ. A. No. 3664.

178 F.Supp. 188 (1959)

NATIONAL ASSOCIATION FOR ADVANCEMENT OF COLORED PEOPLE, a corporation, Plaintiff, v. Bruce BENNETT, Attorney General of State of Arkansas, et al., Defendants.

United States District Court E. D. Arkansas, W. D.

January 17, 1959.

Attorney(s) appearing for the Case

Robert L. Carter, New York City, and George Howard, Jr., Pine Bluff, Ark., for plaintiff.

Bruce Bennett, Atty. Gen., of State of Arkansas, pro se, J. Frank Holt, Little Rock, Ark., E. W. Brockman, Jr., N. J. Gantt, Jr., and Louis L. Ramsay, Jr., of Coleman, Gantt & Ramsay, Pine Bluff, Ark., for defendants.

Before SANBORN, Circuit Judge, and MILLER and HENLEY, District Judges.

PER CURIAM.

The procedural problem presented by the motions to stay further proceedings in this action until the courts of the State of Arkansas have an opportunity to interpret and rule upon the validity of the statutes of that State which are under attack, is whether this federal three-judge court shall hear this case on the merits and determine the question of the constitutionality of the statutes in suit, or whether...

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