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Colegrove v. Barrett

Citations: 330 U.S. 804; 67 S. Ct. 973; 91 L. Ed. 1262; 1947 U.S. LEXIS 2556Docket: No. 1031

Court: Supreme Court of the United States; March 10, 1947; Federal Supreme Court; Federal Appellate Court

Narrative Opinion Summary

The motion to dismiss the appeal is granted due to a lack of a substantial federal question. The Court has refused to grant rehearing in the case of Colegrove v. Green, and has also dismissed appeals in Cook v. Fortson and Turman v. Duckworth, with rehearings denied in those cases as well. Justice Rutledge concurs with the dismissal. Conversely, Justices Black, Douglas, and Murphy believe that probable jurisdiction should be acknowledged.

Legal Issues Addressed

Dismissal of Appeal for Lack of Substantial Federal Question

Application: The court grants dismissal of the appeal because it does not present a substantial federal question.

Reasoning: The motion to dismiss the appeal is granted due to a lack of a substantial federal question.

Judicial Concurrence and Dissent in Appeal Dismissal

Application: Justice Rutledge concurs with the decision to dismiss the appeal, whereas Justices Black, Douglas, and Murphy dissent, believing that probable jurisdiction should be recognized.

Reasoning: Justice Rutledge concurs with the dismissal. Conversely, Justices Black, Douglas, and Murphy believe that probable jurisdiction should be acknowledged.

Refusal to Grant Rehearing in Judicial Decisions

Application: The Court has declined to grant rehearing in the precedent case of Colegrove v. Green and similar cases.

Reasoning: The Court has refused to grant rehearing in the case of Colegrove v. Green, and has also dismissed appeals in Cook v. Fortson and Turman v. Duckworth, with rehearings denied in those cases as well.