Summary
In Martin v. Bush, 376 U.S. 222, 84 S.Ct. 709, 11 L.Ed.2d 656, the Supreme Court continued in effect a stay order entered by Mr. Justice Black, Circuit Justice, upon appeal, until appellants had an opportunity to apply to the district court "for further equitable relief in light of the present circumstances including the imminence of the forthcoming election and `the operation of the election machinery of Texas' noted by the District Court in its opinion."
Summary of this case from Baker v. ClementOpinion
No. 675.
Decided March 2, 1964.
Judgment affirmed on authority of Wesberry v. Sanders, ante, p. 1, without prejudice to appellants' right to apply to District Court by April 1, 1964, for further equitable relief.
224 F. Supp. 499, affirmed.
Waggoner Carr, Attorney General of Texas, Albert P. Jones and Hawthorne Phillips, First Assistant Attorneys General, Mary K. Wall, Assistant Attorney General, Will D. Davis and Frank C. Erwin, Jr. for appellants.
William B. Cassin and Thad T. Hutcheson for appellees.
The motion to affirm is granted and the judgment is affirmed on the authority of Wesberry v. Sanders, ante, p. 1, without prejudice to the right of the appellants to apply by April 1, 1964, to the District Court for further equitable relief in light of the present circumstances including the imminence of the forthcoming election and "the operation of the election machinery of Texas" noted by the District Court in its opinion. The stay heretofore granted by MR. JUSTICE BLACK is continued in effect pending timely application for the foregoing relief and final disposition thereof by the District Court.
MR. JUSTICE CLARK joins this disposition, but upon the grounds stated in his separate opinion in Wesberry v. Sanders, ante, p. 18.
MR. JUSTICE HARLAN and MR. JUSTICE STEWART would reverse the judgment below for the reasons stated in their dissenting opinions in Wesberry v. Sanders, ante, pp. 20, 50.