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LANGFORD v. BARLOW

No. 26770.

417 F.2d 628 (1969)

Barry W. LANGFORD, Carl Kunert, Joseph R. Mulvihill, Appellants, v. James E. BARLOW, Preston H. Dial, Jr., John L. Quinlan, III and Wayland A. Simmons, Appellees.

United States Court of Appeals Fifth Circuit.

September 19, 1969.

Attorney(s) appearing for the Case

Clyde W. Woody, Marian S. Rosen, Woody & Rosen, Houston, Tex., for appellants.

Crawford C. Martin, Atty. Gen. of Texas, Nola White, First Asst. Atty. Gen., Hawthorne Phillips, Staff Legal Asst., Robert C. Flowers, Lonny F. Zwiener, Asst. Attys. Gen., Austin, Tex., James E. Barlow, Dist. Atty., Preston H. Dial, Jr., Asst. Dist. Atty., Bexar County, San Antonio, Tex., for appellees.

Before Judges THORNBERRY, MORGAN and CARSWELL, Circuit Judges.

PER CURIAM:

The District Court through Chief Judge Adrian Spears having certified to Chief Judge John R. Brown its conclusion that under intervening applicable cases,1 a three-Judge Court should be constituted and the Chief Judge having simultaneously, with the entry of this order, entered his order2 constituting a three-Judge Court, no good would be served now in hearing this appeal which raises primarily...

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