Legal Opinion

Thoms v. Heffernan

Court of Appeals for the Second Circuit

Decided January 8, 1973No. 98, Docket 72-1013PublishedCited by 44 opinions

1Opinion of the Court

OAKES, Circuit Judge: ■

This appeal to a court of appeals from the judgment of a three-judge district court declaring a Connecticut flag misuse statute unconstitutional raises several difficult questions of appellate and trial court jurisdiction and procedure, as well as the more usual first amendment problems on the merits. The decision below is reported sub nom. Thoms v. Smith, 334 F.Supp. 1203 (D.Conn.1971).

I. APPELLATE JURISDICTION

The threshold question we have —one not argued by the parties in their briefs — relates to the jurisdiction of a court of appeals over an appeal from a…

2Cases cited42 opinions

  1. Younger v. HarrisSupreme Court of the United States · 1971
  2. Ex Parte YoungSupreme Court of the United States · 1908
  3. Dombrowski v. PfisterSupreme Court of the United States · 1965
  4. Kennedy v. Mendoza-MartinezSupreme Court of the United States · 1963
  5. Wisconsin v. ConstantineauSupreme Court of the United States · 1971

37 more not listed; retrieve them via the Exa API.

3Cited by44 opinions

  1. Steffel v. ThompsonSupreme Court of the United States · 1974
  2. Bruce Boraas v. The Village of Belle Terre, an Incorporated MunicipalityCourt of Appeals for the Second Circuit · 1973
  3. Marshall v. Gibson's Products, Inc. of PlanoCourt of Appeals for the Fifth Circuit · 1978
  4. Nieves v. OswaldCourt of Appeals for the Second Circuit · 1973
  5. United States v. Mississippi Power & Light Co.Court of Appeals for the Fifth Circuit · 1981

39 more not listed; retrieve them via the Exa API.

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