Wilson v. City of Port Lavaca, 391 U.S. 352 (1968)

Wilson v. City of Port Lavaca

No. 1238

Decided May 20, 1968
391 U.S. 352

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF TEXAS

Syllabus

Where the district judge in whose court the case was originally filed adopts as his own a three-judge court’s determination that the claim was not "one which must be heard by a three-judge court" and that the relief sought was not warranted, an appeal lies to the Court of Appeals and not to this Court, and therefore the judgment is vacated and remanded to permit entry of a fresh decree from which a timely appeal may be taken to the Court of Appeal.

285 F.Supp. 85, vacated and remanded.