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400 F.2d 882

Docket No. 17557.

Nathaniel Buchanan v. The Honorable James A. Rhodes

Sixth Circuit Court of Appeals

April 3, 1968, Certiorari Denied Oct. 14, 1968, See 89 S.Ct. 118.

Sixth Circuit Court of Appeals · decided 1968-04-03

2 counsel of record

Relies on Buchanan v. Rhodes

Good law ✅— No negative treatment on recordhow we know

Opinion by Per Curiam · Decided 1968-04-03

How this case has been cited

Cited by 28 later decisions — most recently June 2010 · most notably Owens v. Local No Association of Western Pulp and Paper Workers (1992), Halferty v. Pulse Drug Co. (1989)

19 federal appellate · 2 district · 2 state decisions

110196819701980199020002010decided

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.

View the full empirical analysis of this case →

Richard M. Markus, Cleveland, Ohio, for appellants.

James A. McLaughlin, Asst. Atty. Gen., Columbus, Ohio, William B. Saxbe, Atty. Gen., Charles S. Lopeman, Chief Counsel, Columbus, Ohio, on brief, for appellees.

Before PHILLIPS, EDWARDS and McCREE, Circuit Judges.

PER CURIAM.

¶1

In this case appellants attack as federally unconstitutional the provisions of Ohio's constitution and statutes which provide for the election and assignment of Ohio's trial judges. The District Judge before whom this complaint was filed dismissed the complaint without convening a three-judge court. The factual background and legal issues are fully stated in his opinion. Buchanan v. Rhodes, 249 F.Supp. 860 (N.D.Ohio 1966).

¶2

On consideration of the procedural aspects of this appeal only, the judgment of the District Court is vacated and the case is remanded to the District Court for the convening of the three-judge court under 28 U.S.C. 2281 (1964).

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