Supreme Court of United States.https://leagle.com/images/logo.png
Argued April 17-18, 1967.
Decided May 22, 1967.
Attorney(s) appearing for the Case
Charles S. Rhyne argued the cause for appellants in No. 624. With him on the briefs were Brice W. Rhyne and C. R. Lewis.
Stanley S. Corwin argued the cause for appellants in No. 491. With him on the briefs were Reginald C. Smith, Howard M. Finkelstein and Pierre G. Lundberg.
Truman Hobbs argued the cause for appellees in No. 624. With him on the brief were MacDonald Gallion, Attorney General of Alabama, and Gordon Madison, Assistant Attorney General.
Frederic Block and Richard C. Cahn argued the cause and filed a brief for appellees in No. 491.
Francis X. Beytagh, Jr., argued the cause pro hac vice for the United States, as amicus curiae, urging reversal in No. 624 and affirmance in No. 491. With him on the brief were Solicitor General Marshall, Assistant Attorney General Doar and Bruce J. Terris.
Briefs of amici curiae were filed in both cases by Louis J. Lefkowitz, Attorney General, pro se, and Daniel M.Cohen, Robert W. Imrie and George D. Zuckerman, Assistant Attorneys General, for the Attorney General of the State of New York, and by Morris H. Schneider and Seymour S. Ross for the County of Nassau. Richard C. Cahn, Walter Maclyn Conlon and Robert G. Dixon, Jr., filed a brief for the Towns of Babylon et al., as amici curiae, urging affirmance in No. 491. Members of the Board of Supervisors of the County of Nassau filed a brief, as amici curiae, in No. 491.
Supreme Court of United States.
MR. JUSTICE DOUGLAS delivered the opinion of the Court.
The threshold question in these cases is whether this Court has jurisdiction under 28 U. S. C. § 1253 on direct appeals from the decisions of the respective District Courts purportedly convened pursuant to 28 U. S. C. § 2281. The answer to that question in turn depends upon whether the three-judge courts in these cases were properly convened.
In No. 624, appellants attack the validity of an...
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