SWEETEN v. SNEDDON

No. NC 49-70.

324 F.Supp. 1094 (1971)

James Michael SWEETEN, on behalf of himself and all others similarly situated, Plaintiff, v. Charles H. SNEDDON and E. F. Ziegler, Judges of the City Court of Ogden City, Weber County, State of Utah, individually and as representatives of all other Utah Judges similarly situated, Defendants.

United States District Court, D. Utah, N. D.

On Submission for Final Decision March 22, 1971.


Attorney(s) appearing for the Case

Paul D. Vernieu, Ogden, Utah, for plaintiff.

Vernon B. Romney, Atty. Gen., Harry E. McCoy, Asst. Atty. Gen., for the State of Utah, Salt Lake City, Utah, and Robert L. Newey, Asst. Weber County Atty., Ogden, Utah, for defendants.


MEMORANDUM DECISION

CHRISTENSEN, District Judge.

This case involves questions relating to the necessity of convening a three-judge court, the propriety of a class action in such a case as this, whether the named plaintiff has standing at this time to raise, either by injunctive or declaratory action proceedings, constitutional issues growing out of a state court proceeding, and, if so, whether the refusal by a state court judge to appoint counsel for plaintiff...

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