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Two Guys From Harrison-Allentown Inc. v. McGinley

December 23, 1959

TWO GUYS FROM HARRISON-ALLENTOWN, INC., APPELLANT,
v.
PAUL A. MCGINLEY, DISTRICT ATTORNEY, COUNTY OF LEHIGH, PENNSYLVANIA, APPELLEE, PENNSYLVANIA RETAILERS' ASSOCIATION, AMICUS CURIAE .



Before GOODRICH and STALEY, Circuit Judges.

Per Curiam: The plaintiffs in this case have taken the position that they may appeal to the Supreme Court of the United States from an adverse decision by a three-judge court on the issue of the constitutionality of the statute and simulaneously appeal to the Court of Appeals on the issue of discriminatory enforcement of the statute. We think there is no basis for the allowance of a split appeal in this fashion. Therefore, we dismiss the appeal to this Court for want of jurisdiction. See 28 U.S.C.A. §§ 1253, 1291.

19591223

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