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CALLOWAY v. BRIGGS

No. 20471.

33 Ohio Misc. 33 (1971)

CALLOWAY, APPELLANT, v. BRIGGS, SUPERINTENDENT, CLEVELAND SCHOOL DISTRICT, ET AL., APPELLEES.

United States Court of Appeals, Sixth Circuit.

Decided May 24, 1971.

Attorney(s) appearing for the Case

Mr. Gregory B. Taylor, for plaintiff-appellant; Mr. C. Lyonel Jones, Mr. Gregory B. Taylor and Ms. Nancy Schuster, on brief.

Mr. Charles F. Clarke, for defendants-appellees; Messrs. Squire, Sanders & Dempsey, Mr. William C. Hartman, Mr. Charles F. Clarke and Mr. George W. Pring, on brief.

Before EDWARDS and MILLER, Circuit Judges, and O'SULLIVAN, Senior Circuit Judge.

EDWARDS, Circuit Judge.

This appeal apparently contains some dramatic background facts, but the legal issue which we have to decide is a quite prosaic one: Did this complaint require decision by a three-judge federal court rather than by a single district judge? Since we believe that it did, we do not reach the merits of the dispute which gave rise to the case.

The complaint filed in this case alleged in part:

"This is an action for declaratory and...

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