Phillips v. United States,
312 U.S. 246 (1941)

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U.S. Supreme Court

Phillips v. United States, 312 U.S. 246 (1941)

Phillips v. United States

No. 201

Argued January 15, 1941

Decided February 3, 1941

312 U.S. 246


1. Section 266 of the Jud.Code is not a measure of broad social policy to be construed with great liberality, but an enactment technical, in the strict sense of the term, and to be applied as such. P. 312 U. S. 251.

2. A suit to enjoin the Governor of a State from employing military force in alleged violation of plaintiff's constitutional rights cannot be maintained in a three-judge District Court under Jud.Code § 266, or be reviewed by direct appeal to this Court under that section, where the validity of no statute of the State is challenged, but merely the legality of the Governor's actions done under color of general provisions of the state constitution and laws conferring his executive and military powers. Sterling v. Constantin, 287 U. S. 378, distinguished. P. 312 U. S. 253.

Page 312 U. S. 247

3. A decree of the District Court in a suit mistakenly brought under Jud.Code § 266 is reviewable by the Circuit Court of Appeals, though rendered by three judges. P. 312 U. S. 254.

4. On an appeal to this Court from a decree of a three-judge District Court, in a suit erroneously brought under Jud.Code § 266, this Court vacated the decree and remanded the cause to the District Court so that it might enter a fresh decree from which a timely appeal could be taken. P. 312 U. S. 254.

Decree vacated.

Appeal from a decree of the District Court of three judges awarding an interlocutory injunction. 33 F.Supp. 261.

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