KLINE v. RANKIN

No. 73-1232.

489 F.2d 387 (1974)

Adam KLINE et al., Plaintiffs-Appellants, v. Cason RANKIN, etc., et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

February 11, 1974.


Attorney(s) appearing for the Case

Adam Kline, pro se.

A. F. Summer, Atty. Gen. of Miss., William A. Allain, First Asst. Atty. Gen., Heber A. Ladner, Jr., Sp. Asst. Atty. Gen., Jackson, Miss., for defendants-appellees.

Before AINSWORTH, GODBOLD and INGRAHAM, Circuit Judges.


INGRAHAM, Circuit Judge:

The question in this appeal is whether the district court properly refused to request the convocation of a three-judge court by virtue of its decision to dismiss the complaint on the basis that plaintiffs' claims were foreclosed by the doctrine of res judicata. We hold that plaintiffs' constitutional claims are not so insubstantial as to obviate the necessity that they be heard by a district court of three judges. We vacate the district court...

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