Britton v. Bullen

Defendants have moved to dismiss for lack of jurisdiction to grant the relief requested and for other reasons this action seeking “both a mandatory and restrictive injunction”. Plaintiffs contend and defendants deny that a statutory three-judge court must be convened to hear the case. Plaintiffs argue that the judge to whom the application for injunction was presented must “without further ado” take the steps necessary to convene such a court, Defendants argue that a three-judge court is not required when no substantial question as to the validity of a state statute of general and state-wide…