SHEEHAN v. SCOTT

No. 74-1281.

520 F.2d 825 (1975)

William E. SHEEHAN, by his father, Henry Sheehan, as next friend, Individually on behalf of himself and on behalf of a class of persons similarly situated but too numerous and too transitory to mention, Plaintiffs-Appellants, v. William J. SCOTT, Attorney General of Illinois, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided July 22, 1975.


Attorney(s) appearing for the Case

John D. Shullenberger, Joan D. Levin, Chicago, Ill., for plaintiffs-appellants.

William J. Scott, Atty. Gen., Robert G. Epsteen, Asst. Atty. Gen., Chicago, Ill., Bernard Carey, State's Atty., Fredric B. Weinstein, Asst. State's Atty., Chicago, Ill., for defendants-appellees.

Before CLARK, Associate Justice (Retired), and PELL and SPRECHER, Circuit Judges.


PELL, Circuit Judge.

This is an appeal from the dismissal of plaintiff's complaint. The underlying basis of the appeal centers on the refusal of the district court to convene a three-judge court pursuant to 28 U.S.C. §§ 2281 and 2284. The plaintiff's complaint purported to be on behalf of himself and all children of school age, subject to the compulsory school attendance sections of the Illinois School Code, Ill. Rev.Stat., Ch. 122, § 26-1 et seq...

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