LOCATION: Superior Court of Los Angeles County, CA
DOCKET NO.: 73-1119
DECIDED BY: Burger Court (1972-1975)
CITATION: 420 US 799 (1975)
ARGUED: Dec 10, 1974
DECIDED: Mar 25, 1975
Herbert Jenkins, Jr. - for appellees
Robert Eugene Smith - for appellants
Facts of the case
Media for MTM, Inc. v. BaxleyAudio Transcription for Oral Argument - December 10, 1974 in MTM, Inc. v. Baxley
Audio Transcription for Opinion Announcement - March 25, 1975 in MTM, Inc. v. Baxley
Warren E. Burger:
I have the disposition to announce in No. 73-1119, MTM Incorporated against Baxley.
For the reasons stated in an opinion for the Court filed this morning, we conclude that we are without jurisdiction.
And accordingly the judgment of the three-judge District Court of the Northern District of Alabama is vacated and the cases remanded to the District Court so that a fresh order may be entered and a timely appeal prosecuted to the Court of Appeals if the parties so desire.
Mr. Justice White filed an opinion concurring in the result.
Mr. Justice Douglas filed a dissenting opinion.