Legal Opinion

Spencer v. Kugler

Court of Appeals for the Third Circuit

Decided January 24, 1972No. Nos. 19257, 19258 and 71-1876PublishedCited by 11 opinions

1Opinion of the Court

OPINION OF THE COURT

ALDISERT, Circuit Judge.

This appeal1 presents the narrow question whether a single district judge properly dismissed a count in a complaint requesting, inter alia, that New Jersey file a public school plan free of “racial imbalance.” After a three-judge statutory court, 326 F.Supp. 1235, dismissed a second count in the same complaint, which requested the same relief but also sought an injunction against the enforcement of certain statutes and a judicial declaration of their unconstitutionality, the single judge incorporated the reasoning of the statutory court in…

2Cases cited47 opinions

  1. Younger v. HarrisSupreme Court of the United States · 1971
  2. Brown v. Board of EducationSupreme Court of the United States · 1954
  3. Aetna Life Insurance v. HaworthSupreme Court of the United States · 1937
  4. Maryland Casualty Co. v. Pacific Coal & Oil Co.Supreme Court of the United States · 1941
  5. Swann v. Charlotte-Mecklenburg Board of EducationSupreme Court of the United States · 1971

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3Cited by11 opinions

  1. Pennsylvania Ass'n for Retarded Children v. PennsylvaniaDistrict Court, E.D. Pennsylvania · 1972
  2. Joseph S. George, Jr. And Ricky D. Jackson v. Robert Parratt, Warden, Nebraska Penal ComplexCourt of Appeals for the Eighth Circuit · 1979
  3. Hopson v. SchillingDistrict Court, N.D. Indiana · 1976
  4. Serritella v. EngelmanDistrict Court, D. New Jersey · 1972
  5. Americans United for Separation of Church and State v. Newell J. Paire, as Commissioner of Education of the State of New HampshireCourt of Appeals for the First Circuit · 1973

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