RESPONDENT: Automatic Employees Credit Union
LOCATION: Plumbers and Steamfitters Local Union No. 100
DOCKET NO.: 73-858
DECIDED BY: Burger Court (1972-1975)
CITATION: 419 US 90 (1974)
ARGUED: Oct 21, 1974
DECIDED: Dec 10, 1974
Albert E. Jenner, Jr. - for appellees
James O. Latturner - for appellant
Facts of the case
Media for Gonzalez v. Automatic Employees Credit UnionAudio Transcription for Oral Argument - October 21, 1974 in Gonzalez v. Automatic Employees Credit Union
Audio Transcription for Opinion Announcement - December 10, 1974 in Gonzalez v. Automatic Employees Credit Union
Warren E. Burger:
The judgment and opinion of the Court in No. 73-858, Gonzalez against Automatic Employees will be announced by Mr. Justice Stewart.
This case has been brought here by a direct appeal under the Title 28 of the United States Code Section 1253 from an order of a three-judge court dismissing the appellant's complaint for a lack of standing.
We deferred consideration of our jurisdiction of this appeal until the hearing of the argument on the merits.
For the reasons discussed in considerable detail in the opinion filed today with the clerk, we have concluded that the District Court's order is not directly appealable to this Court because of the nature of the issues involved in this case relating as they do to the interrelationship of the three-judge court statutes and the correlative statutes conferring direct jurisdiction upon this Court of Appeals and three-judge courts, this opinion is not one that lend itself to very intelligible oral announcement.
Suffice it to say that we hold that when a three-judge court denies a plaintiff injunctive relief on grounds which if valid would have justified the solution of the Court as to that plaintiff or a refusal to request the convention of a three-judge court in the first place then review of the denial is available only in the Court of Appeals and not here.
Accordingly, we vacate the judgment before us and remand the case to the District Court so that a fresh order may be entered and a timely appeal prosecuted to the Court of Appeals.
Warren E. Burger:
Thank you Justice Stewart.