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BAKER v. CARR

Civ. A. No. 2724.

175 F.Supp. 649 (1959)

Charles W. BAKER et al., Plaintiffs, v. Joe C. CARR, Secretary of State of Tennessee, et al., Defendants.

United States District Court M. D. Tennessee, Nashville Division.

July 31, 1959.

Attorney(s) appearing for the Case

Denney, Leftwich & Osborn, Nashville, Tenn., Hobart Atkins, Knoxville, Tenn., Chandler, Manire and Chandler, Memphis, Tenn., for plaintiffs.

George McCanless, Atty. Gen. of State of Tenn., Allison B. Humphreys, Sol. Gen., State of Tenn., for defendants.

WILLIAM E. MILLER, District Judge.

It is urgently and ably insisted by defendants that the federal question sought to be made by the complaint is "obviously without merit" and that the Court under the doctrine of Ex parte Poresky, 290 U.S. 30, 54 S.Ct. 3, 78 L.Ed. 152, should therefore dismiss the action without taking steps to constitute a court of three judges under 28 U.S.C.A. § 2281.

Without undertaking a detailed resum...

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