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THOMPSON v. WHITTIER

U.S. Supreme Court
Feb 27, 1961

Appeal dismissed because the case does not arise under 28 U.S.C. § 2282 and cannot be appealed directly to this Court under 28 U.S.C. § 1253.

Reported below: 185 F. Supp. 306.

PER CURIAM.

The motion to dismiss is granted. The case does not arise under 28 U.S.C. § 2282, requiring the convening of a three-judge court. See I. L. G. W. U. v. Donnelly Garment Co., 304 U.S. 243. Therefore it cannot be directly brought here for review under 28 U.S.C. § 1253, and the appeal must be dismissed. Appellant is free to pursue his perfected appeal in the Court of Appeals.