Leo F. Benoit v. Alfred Gardner

The appellant, dissatisfied by the denial, by a single district judge, of his demand for a three-judge court to declare a state statute unconstitutional, 28 U.S.C. § 2281, which demand was denied on the ground that the complaint is frivolous on its face, appeals from that order and from the court’s dismissal of the complaint. As a matter of procedure both the district court and the plaintiff have acted correctly. Bailey v. Patterson, 1962, 369 U.S. 31, 33, 82 S.Ct. 549, 7 L.Ed.2d 512; Idlewild Bon Voyage Liquor Corp. v. Epstein, 1962, 370 U.S. 713, 715-716, 82 S.Ct. 1294, 8 L.Ed.2d 794. The…