Wilson v. City of Port Lavaca

A three-judge federal court, convened pursuant to 28 U. S. C. § 2281, determined that plaintiff’s claim was not “one which must be heard by a three-judge court.” 285 F. Supp. 85, 87. It also ruled that the relief sought by plaintiff was not warranted. The district judge in whose court the case was originally filed adopted the action of the court as his own. The resulting situation is similar, we think, to that which results when a single judge declines to convene a three-judge court and denies relief: an appeal lies to the appropriate United States Court of Appeals, and not to this Court.…