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Two Guys from Harrison-Allentown, Inc. v. McGinley

United States Court of Appeals, Third Circuit
Dec 23, 1959
273 F.2d 954 (3d Cir. 1959)

Summary

holding that Court of Appeals lacked jurisdiction of a split appeal of an order of a three-judge court, the constitutional issue having been appealed to the Supreme Court and the discriminatory enforcement issue having been appealed to the Court of Appeals

Summary of this case from Simon v. Government of Virgin Islands

Opinion

No. 13096.

Heard December 9, 1959.

Decided December 23, 1959.

Harold E. Kohn, Philadelphia, Pa., for appellant.

Harry J. Rubin, Deputy Atty. Gen., for Commonwealth of Pennsylvania.

W. James MacIntosh, Philadelphia, Pa., for amicus curiae.

Before GOODRICH and STALEY, Circuit Judges.


The plaintiffs in this case have taken the position that they may appeal to the Supreme Court of the United States from an adverse decision by a three-judge court on the issue of the constitutionality of the statute and simultaneously appeal to the Court of Appeals on the issue of discriminatory enforcement of the statute. We think there is no basis for the allowance of a split appeal in this fashion. Therefore, we dismiss the appeal to this Court for want of jurisdiction. See 28 U.S.C.A. §§ 1253, 1291.


Summaries of

Two Guys from Harrison-Allentown, Inc. v. McGinley

United States Court of Appeals, Third Circuit
Dec 23, 1959
273 F.2d 954 (3d Cir. 1959)

holding that Court of Appeals lacked jurisdiction of a split appeal of an order of a three-judge court, the constitutional issue having been appealed to the Supreme Court and the discriminatory enforcement issue having been appealed to the Court of Appeals

Summary of this case from Simon v. Government of Virgin Islands
Case details for

Two Guys from Harrison-Allentown, Inc. v. McGinley

Case Details

Full title:TWO GUYS FROM HARRISON-ALLENTOWN, INC., Appellant v. Paul A. McGINLEY…

Court:United States Court of Appeals, Third Circuit

Date published: Dec 23, 1959

Citations

273 F.2d 954 (3d Cir. 1959)

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