Robert H. Hargrave v. Shellie McKinney

RIVES, Circuit Judge:

We review here the District Judge’s refusal to notify or request the Chief Judge of the Circuit to convene a three-judge court1 and his dismissal of plaintiffs’ complaint for lack of jurisdiction.2

*323The complaint attacks, under the equal protection clause of the Fourteenth Amendment, a Florida statute which provides that any county that imposes on itself more than 10. mills ad valorem property taxes for educational purposes will not be eligible to receive State funds for the support of its public education system.3

The legal theory of the attack is succinctly stated in…