390 U.S. 456
Docket No. 700.
Supreme Court of the United States · decided March 25, 1968
Key passage — most relied on by later courts
“Four members of the Court would reverse. Four members of the Court would dismiss the writ as improvidently granted. Consequently, the judgment of the United States Court of Appeals for the Sixth Circuit remains in effect.”
quoted by 1 later decision, including Biggers v. Neil
Relies on Alitalia-Linee Aeree Italiane, S. P. A. v. Lisi
Good law ✅— No negative treatment on recordhow we know
Affirmed · 4–4 · Opinion by Per Curiam · Decided March 25, 1968
Cited by 49 later decisions (1 by the Supreme Court) — most recently December 2015 · most notably Carriger v. Stewart (1997), Educational Testing Services v. Katzman (1986)
20 federal appellate · 1 district · 16 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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J. Brad Reed, Nashville, Tenn., for petitioner.
Ed R. Davies, Nashville, Tenn., for respondent.
On Writ of Certiorari to the United States Court of Appeals for the Sixth Circuit.
PER CURIAM.
Four members of the Court would reverse. Four members of the Court would dismiss the writ as improvidently granted. Consequently, the judgment of the United States Court of Appeals for the Sixth Circuit remains in effect.
Mr. Justice MARSHALL took no part in the consideration or decision of this case.