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THOMPSON v. WHITTIER, 365 U.S. 465 (1961)

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United States Supreme Court


No. 500

Argued: Decided: February 27, 1961

Appeal dismissed because the case does not arise under 28 U.S.C. 2282 and cannot be appealed directly to this Court under 28 U.S.C. 1253.

Reported below: 185 F. Supp. 306.

Mary M. Kaufman for appellant.

Solicitor General Rankin, Assistant Attorney General Yeagley and Kevin T. Maroney for appellee.


The motion to dismiss is granted. The case does not arise under 28 U.S.C. 2282, requiring the convening of a three-judge court. See I. L. G. W. U. v. Donnelly Garment Co., 304 U.S. 243 . Therefore it cannot be directly brought here for review under 28 U.S.C. 1253, and the appeal must be dismissed. Appellant is free to pursue his perfected appeal in the Court of Appeals. [365 U.S. 465, 466]  

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