PETUSKEY v. RAMPTON

Nos. 661-69, 662-69.

431 F.2d 378 (1970)

William G. PETUSKEY et al., Plaintiffs-Appellants, Brian Florence, Intervenor-Appellant, v. Calvin L. RAMPTON, as Governor of the State of Utah, et al., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

September 2, 1970.


Attorney(s) appearing for the Case

William J. Lockhart and A. Wally Sandack, Salt Lake City, Utah, for plaintiffs-appellants and intervenor-appellant.

Robert B. Hansen and Melvin E. Leslie, Asst. Attys. Gen. (Vernon B. Romney, Atty. Gen., State of Utah, on the brief), for defendants-appellees.

Before BREITENSTEIN, HILL and SETH, Circuit Judges.


BREITENSTEIN, Circuit Judge.

The problems pertaining to three-judge district court litigation reach a peak of some sort in the unusual situation presented by these appeals. We are asked to review the decision of the three-judge court and the later and contradictory decision of the single judge. We hold that we have appellate jurisdiction over each, affirm the three-judge decision, and reverse the injunctions granted by the single judge.

A statement of the...

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