Southway Discount Center, Inc., a Corporation v. City of Birmingham, a Municipal Corporation

Fifth Circuit

Southway Discount Center, Inc., a Corporation v. City of Birmingham, a Municipal Corporation

568 F.2d 456, 1978 U.S. App. LEXIS 12430

CourtCourt of Appeals for the Fifth Circuit

DecidedFebruary 27, 1978

Docket76-1955

StatusPublished

Cited by1 cases

This text of 568 F.2d 456 (Southway Discount Center, Inc., a Corporation v. City of Birmingham, a Municipal Corporation) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Southway Discount Center, Inc., a Corporation v. City of Birmingham, a Municipal Corporation, 568 F.2d 456, 1978 U.S. App. LEXIS 12430 (5th Cir. 1978).

Pincite

Opinion

PER CURIAM:

Plaintiffs appeal from an adverse decision by a three-judge panel 1 on their claims seeking injunctive relief from future discriminatory enforcement of the Sunday Blue Laws of Birmingham, Alabama and their contention these ordinances are unconstitutional.

Neither plaintiffs nor defendants question the three-judge panel’s holding it was properly convened to hear this cause. We find no basis to question that decision. Appeals from rulings by three-judge courts are .governed by 28 U.S.C. § 1253 which provides:

Except as otherwise provided by law, any party may appeal to the Supreme Court from an order granting or denying, after notice and hearing, an interlocutory or permanent injunction in any civil action, suit or proceeding required by any Act of Congress to be heard and determined by a district court of three judges.

Therefore, because it is not provided otherwise, we find this court to be wrong forum for appeal and dismiss this appeal for lack of jurisdiction. 2 See Carter v. Stanton, 405 U.S. 669, 92 S.Ct. 1232, 31 L.Ed.2d 569 *457 (1972); Oldroyd v. Kugler, 461 F.2d 535 (5th Cir. 1972).

DISMISSED.

1

. Empaneled pursuant to 28 U.S.C. § 2281 (Repealed August 12, 1976). Plaintiffs claim was filed June 19, 1975.

2

. Southway cites Steffel v. Thompson, 415 U.S. 452, 94 S.Ct. 1209, 39 L.Ed.2d 505 (1974) to support his position that this court has jurisdiction. The appellant in Steffel did not appeal the denial of injunctive relief by the single judge therefore the Circuit Court of Appeals had jurisdiction. However, in n. 7 in Steffel the Supreme Court states the original suit for injunctive relief should have been before a three-judge panel and concludes the Court of Appeals would not have had jurisdiction.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM:

Plaintiffs appeal from an adverse decision by a three-judge panel 1 on their claims seeking injunctive relief from future discriminatory enforcement of the Sunday Blue Laws of Birmingham, Alabama and their contention these ordinances are unconstitutional.

Neither plaintiffs nor defendants question the three-judge panel’s holding it was properly convened to hear this cause. We find no basis to question that decision. Appeals from rulings by three-judge courts are .governed by 28 U.S.C. § 1253 which provides:

Except as otherwise provided by law, any party may appeal to the Supreme Court from an order granting or denying, after notice and hearing, an interlocutory or permanent injunction in any civil action, suit or proceeding required by any Act of Congress to be heard and determined by a district court of three judges.

Therefore, because it is not provided otherwise, we find this court to be wrong forum for appeal and dismiss this appeal for lack of jurisdiction. 2 See Carter v. Stanton, 405 U.S. 669, 92 S.Ct. 1232, 31 L.Ed.2d 569 *457 (1972); Oldroyd v. Kugler, 461 F.2d 535 (5th Cir. 1972).

DISMISSED.

1

. Empaneled pursuant to 28 U.S.C. § 2281 (Repealed August 12, 1976). Plaintiffs claim was filed June 19, 1975.

2

. Southway cites Steffel v. Thompson, 415 U.S. 452, 94 S.Ct. 1209, 39 L.Ed.2d 505 (1974) to support his position that this court has jurisdiction. The appellant in Steffel did not appeal the denial of injunctive relief by the single judge therefore the Circuit Court of Appeals had jurisdiction. However, in n. 7 in Steffel the Supreme Court states the original suit for injunctive relief should have been before a three-judge panel and concludes the Court of Appeals would not have had jurisdiction.

Cite This Page — Counsel Stack

Bluebook (online)

568 F.2d 456, 1978 U.S. App. LEXIS 12430, Counsel Stack Legal Research, https://law.counselstack.com/opinion/southway-discount-center-inc-a-corporation-v-city-of-birmingham-a-ca5-1978.

Opinion

Related

Cite This Page — Counsel Stack