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Mayor of Baltimore v. Mathews

571 F.2d 1273, 1978 U.S. App. LEXIS 12575
CourtCourt of Appeals for the Fourth Circuit
DecidedFebruary 16, 1978
DocketNos. 76-1493 and 76-1494
StatusPublished
Cited by1 cases

This text of 571 F.2d 1273 (Mayor of Baltimore v. Mathews) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mayor of Baltimore v. Mathews, 571 F.2d 1273, 1978 U.S. App. LEXIS 12575 (4th Cir. 1978).

Opinions

PER CURIAM:

Upon consideration of the appellees’ petitions for rehearing and the response filed by the appellants, we conclude that Judge Craven’s vote cannot be counted in the disposition of these appeals. Judge Craven died after approving Parts I and II of the opinion that Judge Winter wrote expressing the views of a majority of the court. His death occurred, however, before the dissenting and concurring opinions were written and before the court’s decision was announced. Therefore, Judge Craven’s approval of Judge Winter’s draft cannot be tallied for the purpose of deciding the appeals. Cf. United States v. American-Foreign Steamship Corp., 363 U.S. 685, 80 S.Ct. 1336, 4 L.Ed.2d 1491 (1960).

Accordingly, we withdraw the opinions that were previously filed, affirm by an equally divided court the district court’s orders granting preliminary injunctions, and remand the case to the district court for trial.

Regrettably, these cases have been delayed by our initial misapprehension of the effect of Judge Craven’s death on their outcome. Consequently, we request the district court to try them and enter a final order as expeditiously as possible.

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Related

Mayor and City Council of Baltimore, a Municipal Corporation and Board of School Commissioners of Baltimore City v. F. David Mathews, Individually and as Secretary of the United States Department of Health, Education, and Welfare, Martin H. Gerry, Individually and as Acting Director, Office for Civil Rights, United States Department of Health, Education, and Welfare, United States Department of Health, Education, and Welfare, an Agency of the United States of America, and Irvin N. Hackerman, Individually and as Administrative Law Judge, United States Department of Health, Education, and Welfare, Naacp Legal Defense and Education Fund, Inc., Amicus Curiae. Marvin Mandel, Governor of the State of Maryland, State of Maryland, Maryland State Board for Community Colleges, an Agency of the State of Maryland, Maryland Council for Higher Education, an Agency of the State of Maryland, Board of Trustees of Morgan State University, an Agency of the State of Maryland, Board of Trustees of St. Mary's College of Maryland, an Agency of the State of Maryland, Board of Trustees of the State Colleges of Maryland, an Agency of the State of Maryland, the University of Maryland, an Agency of the State of Maryland, Board of Trustees of the Community College of Baltimore, an Agency of the Mayor and City Council of Baltimore, on Behalf of Itself and All Other Public Junior and Community Colleges of the Various Political Subdivisions Lying Within the State of Maryland v. United States Department of Health, Education, and Welfare, an Agency of the United States of America, F. David Mathews, Individually and in His Official Capacity as Secretary of the United States Department of Health, Education, and Welfare, Martin H. Gerry, Individually and in His Official Capacity as Acting Director of the Office for Civil Rights of the United States Department of Health, Education, and Welfare, Dewey E. Dodds, Individually and in His Official Capacity as Acting Deputy Director of the Office for Civil Rights of the United States Department of Health, Education, and Welfare, Roy McKinney Individually and in His Official Capacity as Acting Director of the Higher Education Division of the Office for Civil Rights of the United States Department of Health, Education, and Welfare, Burton Taylor, Individually, and in His Official Capacity as Chief of the Program and Policy Branch of the Higher Education Division of the Office for Civil Rights of the United States Department of Health, Education, and Welfare, St. John Barrett, Individually and in His Official Capacity as Acting General Counsel of the United States Department of Health, Education, and Welfare, and Ronald Gilliam, Individually and in His Official Capacity as Acting Regional Civil Rights Director for Region III of the Office for Civil Rights of the United States Department of Health, Education, and Welfare, Naacp Legal Defense and Educational Fund, Inc., Amicus Curiae, the American Council on Education, the Association of American Universities, the National Association of State Univ. Land Grant Colleges, the American Association of State Colleges and Universities and the American Association of Community and Junior Colleges, the National Association of Attorneys Generals, and the States of Alaska, Arizona, Connecticut, Delaware, Florida, Idaho, Illinois, Iowa, Kansas, Louisiana, Michigan, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Mexico, New York, North Carolina, Ohio, Oregon, South Dakota, Tennessee,texas, Utah, Washington, West Virginia, Wisconsin, and Wyoming, and Thecommonwealths of Kentucky and Virginia, Amici Curiae, the Commonwealth of Pennsylvania, Amicus Curiae, Trustees of the California State University and Colleges and Regents of the University of California, Amici Curiae
571 F.2d 1273 (Fourth Circuit, 1978)

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Bluebook (online)
571 F.2d 1273, 1978 U.S. App. LEXIS 12575, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mayor-of-baltimore-v-mathews-ca4-1978.