GILMORE v. LYNCH

Nos. 22052 A-B-C-D-E-F.

400 F.2d 228 (1968)

Robert O. GILMORE, Jr., et al., Appellants, v. Thomas C. LYNCH et al., Appellees.

United States Court of Appeals Ninth Circuit.

August 16, 1968.


Attorney(s) appearing for the Case

John Wahl (argued), Paul N. Halvonik (argued), Marshall Krause for ACLU (amicus), San Francisco, Cal., for appellants.

Robert R. Granucci (argued), Deputy Atty. Gen., Thomas C. Lynch, Atty. Gen., San Francisco, Cal., for appellees.

Before CHAMBERS, MERRILL and ELY, Circuit Judges.


MERRILL, Circuit Judge.

This appeal is taken from an interlocutory order of the District Court for the Northern District of California denying petitioners' motion for the convening of a three-judge court pursuant to 28 U.S.C. § 2281.1

The appeal is taken pursuant to 28 U.S.C. § 1292(b), the district judge having, in his order, certified that in his opinion the order involved "a controlling question of law as to which...

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