CUNNINGHAM v. ENGLISH

No. 15033.

269 F.2d 539 (1959)

John CUNNINGHAM, Appellant v. John F. ENGLISH et al., Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided June 10, 1959.


Attorney(s) appearing for the Case

Messrs. Raymond R. Dickey, Washington, D. C., and Joseph M. Williamson, Urbana, Ill., of the bar of the the Supreme Court of Illinois, pro hac vice, by special leave of court, for appellant. Mr. Robert Rolnick, Washington, D. C., also entered an appearance for appellant.

Mr. Edward Bennett Williams, Washington, D. C., for appellees. Mr. Raymond W. Bergan, Washington, D. C., also entered an appearance for appellees.

Mr. Thomas X. Dunn, Washington, D. C., for Board of Monitors. Mr. Martin F. O'Donoghue, Washington, D. C., was on the brief for Board of Monitors.

Before EDGERTON, WILBUR K. MILLER and FAHY, Circuit Judges.


FAHY, Circuit Judge.

In this appeal, John Cunningham, one of the plaintiffs in the companion case of English v. Cunningham, 106 U.S.App. D.C. ___, 269 F.2d 517, attacks the decree of February 9, 1959, primarily on the ground that the consent decree of January 31, 1958, upon which the later decree rests, is void. The contention is that the District Court did not have jurisdiction to approve the consent decree without first giving notice...

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