Two Guys from Harrison-Allentown, Inc. v. McGinley

Third Circuit

Two Guys from Harrison-Allentown, Inc. v. McGinley

273 F.2d 954

Court of Appeals for the Third Circuit·Decided December 23, 1959·No. No. 13096·Published·Cited by 5 cases

Opinion

PER CURIAM.

The plaintiffs in this case have taken the position that they may appeal to the Supreme Court of the United States from an adverse decision by a three-judge court on the issue of the constitutionality of the statute and simultaneously appeal [955]*955to the Court of Appeals on the issue of discriminatory enforcement of the statute. We think there is no basis for the allowance of a split appeal in this fashion. Therefore, we dismiss the appeal to this Court for want of jurisdiction. See 28 U.S.C.A. §§ 1253,1291.

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PER CURIAM.

The plaintiffs in this case have taken the position that they may appeal to the Supreme Court of the United States from an adverse decision by a three-judge court on the issue of the constitutionality of the statute and simultaneously appeal [955]*955to the Court of Appeals on the issue of discriminatory enforcement of the statute. We think there is no basis for the allowance of a split appeal in this fashion. Therefore, we dismiss the appeal to this Court for want of jurisdiction. See 28 U.S.C.A. §§ 1253,1291.

Two Guys from Harrison-Allentown, Inc. v. McGinley, 273 F.2d 954 (3d Cir. 1959).

Pincite

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Opinion

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