From Casetext: Smarter Legal Research

Buchanan v. Rhodes

United States Court of Appeals, Sixth Circuit
Oct 14, 1968
400 F.2d 882 (6th Cir. 1968)

Opinion

No. 17557.

April 3, 1968. Certiorari Denied October 14, 1968. See 89 S.Ct. 118.

Richard M. Markus, Cleveland, Ohio, for appellants.

James A. McLaughlin, Asst. Atty. Gen., Columbus, Ohio, William B. Saxbe, Atty. Gen., Charles S. Lopeman, Chief Counsel, Columbus, Ohio, on brief, for appellees.

Before PHILLIPS, EDWARDS and McCREE, Circuit Judges.


In this case appellants attack as federally unconstitutional the provisions of Ohio's constitution and statutes which provide for the election and assignment of Ohio's trial judges. The District Judge before whom this complaint was filed dismissed the complaint without convening a three-judge court. The factual background and legal issues are fully stated in his opinion. Buchanan v. Rhodes, 249 F. Supp. 860 (N.D.Ohio 1966).

On consideration of the procedural aspects of this appeal only, the judgment of the District Court is vacated and the case is remanded to the District Court for the convening of a three-judge court under 28 U.S.C. § 2281 (1964).


Summaries of

Buchanan v. Rhodes

United States Court of Appeals, Sixth Circuit
Oct 14, 1968
400 F.2d 882 (6th Cir. 1968)
Case details for

Buchanan v. Rhodes

Case Details

Full title:Nathaniel BUCHANAN, et al., Plaintiffs-Appellants, v. The Honorable James…

Court:United States Court of Appeals, Sixth Circuit

Date published: Oct 14, 1968

Citations

400 F.2d 882 (6th Cir. 1968)

Citing Cases

Scott v. Hill

275 F. Supp. at 940. Although the quoted language from these two cases appears to be dispositive of the…

Jones v. Branigin

To like effect see Taylor v. Kentucky State Bar Association, 424 F.2d 478, 480 (6th Cir.) An appeal from the…