Escambia County v. McMillan

PETITIONER: Escambia County
RESPONDENT: McMillan
LOCATION: The D&B Corporation

DOCKET NO.: 82-1295
DECIDED BY: Burger Court (1981-1986)
LOWER COURT: United States Court of Appeals for the Fifth Circuit

CITATION: 466 US 48 (1984)
ARGUED: Jan 10, 1984
DECIDED: Mar 27, 1984

ADVOCATES:
Charles S. Rhyne - argued the cause for appellants
Larry T. Menefee - argued the cause for appellees
Thomas R. Santurri -

Facts of the case

Question

Media for Escambia County v. McMillan

Audio Transcription for Oral Argument - January 10, 1984 in Escambia County v. McMillan

Warren E. Burger:

Thank you counsel.

The case is submitted.

We'll hear arguments next in Escambia County against McMillan.

Mr. Rhyne before you open your arguments and before we will start charging you for the time at the moment, we have before us some motion to dismiss this case by a majority of the present Board.

We deferred action on that until today.

I would assume that you are not going to argue in support of that motion.

Charles S. Rhyne:

That is true.

Warren E. Burger:

Is it proposed that anyone present that motion in oral arguments?

Charles S. Rhyne:

Mr. Santurri, who is the county counsel for Escambia County, is here and I suppose if he wants to present it to you, he will be here to present it.

Warren E. Burger:

Very well, then you may proceed with your argument and we will determine later whether we will hear --

Charles S. Rhyne:

Thank you.

Warren E. Burger:

-- him.

Harry A. Blackmun:

Mr. Rhyne, in the same -- in the same connection, there was a remedial order for which we granted certiorari to review.

That's now been withdrawn, hasn't it?

Charles S. Rhyne:

Has what?

Harry A. Blackmun:

Has been withdrawn.

Charles S. Rhyne:

Well --

Harry A. Blackmun:

Is -- isn't there a new plan that the District Court ordered?

Charles S. Rhyne:

Yes they have --

Harry A. Blackmun:

Well, what's before us --

Charles S. Rhyne:

-- have changed it.

Harry A. Blackmun:

-- what's before us then of the order that we (Voice overlap)

Charles S. Rhyne:

The merits of the case.

Harry A. Blackmun:

How can it be if the orders are here?

Charles S. Rhyne:

The -- well, I think the merits of the case now are both before you.

But the Court --

Harry A. Blackmun:

Well, how can it be?

Charles S. Rhyne:

-- went right ahead --

Harry A. Blackmun:

The order is --

Charles S. Rhyne:

-- since we didn't have a stay.