Sammie J. Franklin, Jr. v. Charles Meredith, John G. Ralston, and Edward J. Keating

HILL, Circuit Judge.

The appeal is from an order entered by the trial court in an action brought by appellant against appellees for the alleged violation of his civil rights under 42 U.S.C. § 1983 and § 1985(3). The order appealed from sustained the motion of the appellees to dismiss the action for failure to state a cause of action and by such dismissal denied an application, on behalf of appellant, to convene a three-judge court, pursuant to 28 U.S.C. § 2281, for the purpose of testing the constitutionality of a Colorado statute, § 39-8-4(5), C.R.S. 1963, under which appellant alleged he was…