William C. Hall, on Behalf of Himself and All Others Similarly Situated v. O. Frank Thornton, Secretary of State for the State of South Carolina

The plaintiffs seek to restrain enforcement of Article 8, § 2 of the South Carolina Constitution, which conditions the incorporation of a previously unincorporated area on the affirmative vote of a majority of persons eligible to vote. Incorporation of a proposed city had been approved by a majority of those voting but not by a majority of those eligible to vote.

The district court declined to request the convening of a three judge court and dismissed the complaint, holding that the merits of the case had already been determined by the Supreme Court in its dismissal, for want of a substantial…