Barry W. Langford, Carl Kunert, Joseph R. Mulvihill v. James E. Barlow, Preston H. Dial, Jr., John L. Quinlan, III and Wayland A. Simmons

The District Court through Chief Judge Adrian Spears having certified to Chief Judge John R. Brown its conclusion that under intervening applicable cases, 1 a three-Judge Court should be constituted and the Chief Judge having simultaneously, with the entry of this order, entered his order 2 constituting a three-Judge Court, no good would be served now in hearing this appeal which raises primarily the question whether the District Court erred in declining to certify the case for a three-Judge Court. The judgment of the District Court heretofore entered on August 9, 1968 is therefore vacated…