Legal Opinion

Kovach v. Middendorf

District Court, D. Delaware

Decided January 22, 1976No. Civ. A. No. 75-20Published

1Opinion of the Court

OPINION

STEEL, Senior District Judge:

Plaintiffs have filed a motion to amend the complaint and in paragraph 6 of the proposed amendment request the convening of a three-judge court pursuant to 28 U.S.C. § 2282. The defendants object to the granting of the motion but state that if the motion is granted the convening of a three-judge court would be proper. The motion was filed while cross motions for summary judgment were pending, had been briefed, but had not been decided.

The plaintiffs are Thomas Kovach, who sues individually and as next friend of Kimberly Kovach, a minor, and Kimberly Kovach…

2Cases cited10 opinions

  1. Kennedy v. Mendoza-MartinezSupreme Court of the United States · 1963
  2. Flemming v. NestorSupreme Court of the United States · 1960
  3. Breen v. Selective Service Local Board No. 16Supreme Court of the United States · 1970
  4. Amalgamated Meat Cutters & Butcher Workmen v. ConnallyDistrict Court, District of Columbia · 1971
  5. International Ladies' Garment Workers' Union v. Donnelly Garment Co.Supreme Court of the United States · 1938

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