PAVONE v. LOUISIANA STATE BOARD OF BARBERS EXAMINERS

No. 74-1456.

505 F.2d 1022 (1974)

Angelo Joseph PAVONE et al., Plaintiffs-Appellees, v. LOUISIANA STATE BOARD OF BARBERS EXAMINERS et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

December 30, 1974.


Attorney(s) appearing for the Case

C. Paul Barker, William J. Rein, III, New Orleans, La., William J. Guste, Atty. Gen., Baton Rouge, La., for defendants-appellants.

Joseph Neves Marcal, III, New Orleans, La., for plaintiffs-appellees.

Before TUTTLE, WISDOM and GOLDBERG, Circuit Judges.


PER CURIAM:

The only question we need decide in this case is whether it needed to be heard initially by a statutory three-judge court. It appears that the trial court requested the appointment of a three-judge court pursuant to 28 U.S.C. § 2281, but that the Chief Judge of this court denied the request.

It is now well-settled law that a three-judge court need not be convened if the constitutional defense raised in the case is frivolous in that "previous...

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