Legal Opinion

Melvin Wicker v. Board of Education of Knott County, Kentucky

Court of Appeals for the Sixth Circuit

Decided August 14, 1987No. 86-5220PublishedCited by 19 opinions

1Opinion of the Court

ENGEL, Circuit Judge.

In England v. Louisiana Board of Medical Examiners, 375 U.S. 411, 84 S.Ct. 461, 11 L.Ed.2d 440 (1964), the Supreme Court provided a means whereby a federal court plaintiff could preserve his right to litigate federal issues in federal court even though he had been required by Pullman abstention first to present his state issues to the state courts. Railroad Comm’n v. Pullman Co., 312 U.S. 496, 61 S.Ct. 643, 85 L.Ed. 971 (1941). The plaintiff in England was obliged to repair to state court after the federal court abstained in order to let the state court decide those state…

2Cases cited51 opinions

  1. Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
  2. Mt. Healthy City School District Board of Education v. DoyleSupreme Court of the United States · 1977
  3. Cleveland Board of Education v. LoudermillSupreme Court of the United States · 1985
  4. Allen v. McCurrySupreme Court of the United States · 1980
  5. Railroad Comm'n of Tex. v. Pullman Co.Supreme Court of the United States · 1941

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3Cited by19 opinions

  1. Dlx, Inc. v. Commonwealth of KentuckyCourt of Appeals for the Sixth Circuit · 2004
  2. Sharon MacY v. Hopkins County School Board of EducationCourt of Appeals for the Sixth Circuit · 2007
  3. Robert Barnes (86-6261) and Joe Thompson (87-5776) v. Charles McDowell Ed Fossett, and Sam SerraglioCourt of Appeals for the Sixth Circuit · 1988
  4. Terry Donovan v. Timothy Thames and Patrick ColluraCourt of Appeals for the Sixth Circuit · 1997
  5. Confederated Salish Kootenai Tribes of the Flathead Reservation v. Mark SimonichCourt of Appeals for the Ninth Circuit · 1994

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