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KNIGHT v. ALSOP

No. 76-1051.

535 F.2d 466 (1976)

Leon W. KNIGHT et al., Petitioners, v. The Honorable Donald D. ALSOP, District Judge, United States District Court for the District of Minnesota, Respondent.

United States Court of Appeals, Eighth Circuit.

Decided May 17, 1976.

Attorney(s) appearing for the Case

Edwin Vieira, Jr., National Right to Work Legal Defense Foundation, Inc., Fairfax, Va., for petitioners; William E. Mullin, Minneapolis, Minn., of counsel.

Eric R. Miller, St. Paul, Minn., and Richard G. Mark, Asst. Sol. Gen., St. Paul, Minn., for respondent.

Oppenheimer, Wolff, Foster, Shepard & Donnelly, St. Paul, Minn., for employee organizations and officers.

Before LAY, ROSS and STEPHENSON, Circuit Judges.

STEPHENSON, Circuit Judge.

The critical issue raised in this case is whether a three-judge court should have been convened under 28 U.S.C. §§ 2281 and 2284. Petitioners request a writ of mandamus pursuant to 28 U.S.C. § 1651 and Fed. R.App.P. 21 directing the district court1 to convene a three-judge court. For the reasons stated below, we conclude that the district court exceeded...

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