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STAMLER v. WILLIS

Nos. 15268, 15269, 15668, 15669.

371 F.2d 413 (1966)

Jeremiah STAMLER, M.D. and Yolanda F. Hall, Plaintiffs-Appellants, v. Honorable Edwin E. WILLIS et al., individually and as Chairman and Members of the Committee on Un-American Activities of the United States House of Representatives, Defendants-Appellees. Milton M. Cohen, Intervening Plaintiff-Appellant.

United States Court of Appeals Seventh Circuit.

Rehearing Denied February 13, 1967.

Attorney(s) appearing for the Case

Albert E. Jenner, Jr., Harry Kalven, Jr., Richard Orlikoff, Chicago, Ill., Arthur Kinoy, New York City, Thomas P. Sullivan, Lael F. Johnson, Chicago, Ill., Raymond, Mayer, Jenner & Block, Chicago, Ill., Kunstler, Kunstler & Kinoy, New York City, for appellants.

Edward V. Hanrahan, U. S. Atty., Jack B. Schmetterer, Atty., Chicago, Ill., J. Walter Yeagley, Asst. Atty. Gen., Dept. of Justice, Washington, D. C., Kevin T. Maroney, Lee B. Anderson, Attys., Dept. of Justice, Washington, D. C., John Peter Lulinski, Asst. U. S. Atty., of counsel, for appellees.

Before KNOCH, KILEY and CUMMINGS, Circuit Judges.

Rehearing Denied February 13, 1967 en banc.

KILEY, Circuit Judge.

Plaintiffs appeal from a judgment of the district court denying their motion for a three-judge court1 and dismissing their complaints. We order the judgment vacated.2

Since this court has no greater jurisdiction in this case than the single district judge, the sole question is whether...

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