No. 71-6316.

409 U.S. 512 (1973)


Supreme Court of United States.

Decided January 17, 1973.

Attorney(s) appearing for the Case

Ann S. Torregrossa argued the cause for petitioners pro hac vice. With her on the briefs was Elliot B. Platt.

Peter W. Brown, Deputy Attorney General, argued the cause for respondents Commonwealth of Pennsylvania et al. With him on the brief were J. Shane Creamer, Attorney General, and Thomas J. Oravetz and Edward J. Weintraub, Deputy Attorneys General. John Mattioni argued the cause and filed a brief for municipal respondents.

Briefs of amici curiae urging reversal were filed by Jack Greenberg and Stanley A. Bass for the NAACP Legal Defense and Educational Fund, Inc., et al., and by Samuel Rabinove, Michael von Moschzisker, Wilbur Bourne Ruthrauff, A. Harry Levitan, and Carolyn Temin for the American Jewish Committee et al.

MR. JUSTICE BRENNAN delivered the opinion of the Court.

The question is whether 28 U. S. C. § 22811 required the convening of a three-judge court in the District Court for the Eastern District of Pennsylvania to hear this case. It is a class action brought by and on behalf of persons awaiting trial and confined in Philadelphia County prisons because either unable to afford bail or because charged with nonbailable offenses. The complaint...

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