Legal Opinion
Waier v. Schmidt
District Court, E.D. Wisconsin
Decided October 9, 1970No. Civ. A. No. 70-C-311PublishedCited by 1 opinion
1Opinion of the Court
OPINION AND ORDER
REYNOLDS, District Judge.
In an opinion and order dated July 24, 1970, this court denied a motion for a temporary restraining order made by the plaintiffs in this case. In the July 24, 1970, opinion, 316 F.Supp. 407, this court declined to decide whether a three-judge court should be convened to hear the case on its merits pursuant to 28 U.S.C. §§ 2281 and 2284. Leave was granted to the parties to brief the issue of the necessity of a three-judge court.
A three-judge court is not required where the alleged constitutional claim is insubstantial. Swift & Co. v. Wickham, 382 U.S.…
2Cases cited12 opinions
- Dandridge v. WilliamsSupreme Court of the United States · 1970
- Ex Parte PoreskySupreme Court of the United States · 1933
- Swift & Co. v. WickhamSupreme Court of the United States · 1965
- California Water Service Co. v. City of ReddingSupreme Court of the United States · 1938
- Utica Mutual Insurance Company v. Merle D. Vincent, Jr., Regional Director of the Third Region of the National Labor Relations BoardCourt of Appeals for the Second Circuit · 1967
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3Cited by1 opinion
- Olfati v. City of SacramentoDistrict Court, E.D. California · 2023