City of New Orleans v. Barthe

Supreme Court

City of New Orleans v. Barthe

376 U.S. 189, 84 S. Ct. 636, 11 L. Ed. 2d 602, 1964 U.S. LEXIS 1787

CourtSupreme Court of the United States

DecidedFebruary 17, 1964

Docket663

StatusPublished

Cited by7 cases

This text of 376 U.S. 189 (City of New Orleans v. Barthe) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

City of New Orleans v. Barthe, 376 U.S. 189, 84 S. Ct. 636, 11 L. Ed. 2d 602, 1964 U.S. LEXIS 1787 (1964).

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Opinion

Per Curiam.

The motion to dismiss is granted and the appeal is dismissed. Treating the papers whereon the appeal was taken as a petition for a writ of certiorari, before judgment, * pursuant to 28 U. S. C. § 1254 (1), to the United States Court of Appeals for the Fifth Circuit, the petition is granted. The judgment of the United States District Court for the Eastern District of Louisiana is affirmed. Turner v. City of Memphis, 369 U. S. 350; Watson v. City of Memphis, 373 U. S. 526.

Mr. Justice Black, Mr. Justice Harlan and Mr. Justice White are of the opinion that this case is not appealable to this Court under 28 U. S. C. § 1253 but is appealable to the Court of Appeals under 28 U. S. C. § 1291, and that this Court should dismiss the appeal for the Court of Appeals to consider and decide the appeal of this case now properly pending before it. See Bailey v. Patterson, 369 U. S. 31.

*

See Griffin v. Prince Edward County Bd., 375 U. S. 391, and eases cited.

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Per Curiam.

The motion to dismiss is granted and the appeal is dismissed. Treating the papers whereon the appeal was taken as a petition for a writ of certiorari, before judgment, * pursuant to 28 U. S. C. § 1254 (1), to the United States Court of Appeals for the Fifth Circuit, the petition is granted. The judgment of the United States District Court for the Eastern District of Louisiana is affirmed. Turner v. City of Memphis, 369 U. S. 350; Watson v. City of Memphis, 373 U. S. 526.

Mr. Justice Black, Mr. Justice Harlan and Mr. Justice White are of the opinion that this case is not appealable to this Court under 28 U. S. C. § 1253 but is appealable to the Court of Appeals under 28 U. S. C. § 1291, and that this Court should dismiss the appeal for the Court of Appeals to consider and decide the appeal of this case now properly pending before it. See Bailey v. Patterson, 369 U. S. 31.

*

See Griffin v. Prince Edward County Bd., 375 U. S. 391, and eases cited.

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Bluebook (online)

376 U.S. 189, 84 S. Ct. 636, 11 L. Ed. 2d 602, 1964 U.S. LEXIS 1787, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-new-orleans-v-barthe-scotus-1964.

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