Opinion · Supreme Court of the United States

National Ass'n for the Advancement of Colored People v. Gallion

Nat’l Ass'n for the Advancement of Colored People v. Gallion, 368 U.S. 16 (1961)

Type
Opinion
Court
Supreme Court of the United States
Jurisdiction
Federal
Date
1961-10-23
Topic
general

Per Curiam. The petition for a writ of certiorari is granted. The judgment below is vacated, and the case is remanded to the Court of Appeals with instructions to direct the District Court to proceed with the trial of the issues in this action unless within a reasonable time, no later than January 2, 1962, the State of Alabama shall have accorded to petitioner an opportunity to be heard on its motion to dissolve the state restraining order of June 1, 1956, and upon the merits of the action in which such order was issued. Pending the final determination of all proceedings in the state action, the District Court is authorized to retain jurisdiction over the federal action and to take *17 such steps as may appear necessary and appropriate to assure a prompt disposition of all issues involved in, or connected with, the state action. Truax v.

Citator

UpLaw has not yet analyzed National Ass'n for the Advancement of Colored People v. Gallion. The absence of a flag is not a finding that it is good law.

Authority status
pending
Cited by
7 opinions
Per Curiam.

The petition for a writ of certiorari is granted. The judgment below is vacated, and the case is remanded to the Court of Appeals with instructions to direct the District Court to proceed with the trial of the issues in this action unless within a reasonable time, no later than January 2, 1962, the State of Alabama shall have accorded to petitioner an opportunity to be heard on its motion to dissolve the state restraining order of June 1, 1956, and upon the merits of the action in which such order was issued. Pending the final determination of all proceedings in the state action, the District Court is authorized to retain jurisdiction over the federal action and to take *17 such steps as may appear necessary and appropriate to assure a prompt disposition of all issues involved in, or connected with, the state action. Truax v. Corrigan, 257 U. S. 312, 331-334.

Mr. Justice Stewart took no part in the consideration or decision of this case.