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Civil rights and race relations materials, 1957-1964
H.R. 7152 Page 5
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5 1 days after service upon him of the complaint, may file with 2 the clerk of such court a request that the court of three judges 3 be convened to hear and determine the entire case. A copy 4 of the request for a three-judge court shall be immediately 5 furnished by such clerk to the chief judge of the circuit (or 6 in his absence, the presiding circuit judge of the circuit) in 7 which the case is pending. Upon receipt of the copy of such 8 request is shall be the duty of the chief judge or the circuit 9 or the presiding circuit judge, as the case may be, to desig- 10 nate immediately three judges in such circuit, of whom at 11 least one shall be a circuit judge and another of whom shall 12 be a district judge of the court in which the proceeding was 13 instituted, to hear and determine such case, and it shall be 14 the duty of the judges so designated to assign the case for 15 hearing at the earliest practicable date, to participate in the 16 hearing and determination thereof, and to cause the case to 17 be in every way expedited. An appeal from the final judg- 18 ment of such court will lie to the Supreme Court. 19 "In any proceeding brought under subsection (c) of 20 this section to enforce subsection (b) of this section, or in the 21 event neither the Attorney General nor any defendant files 22 a request for a three-judge court in any proceeding author- 23 ized by this subsection, it shall be the duty of the chief judge 24 of the district (or in his absence, the acting chief judge) in 25 which the case is pending immediately to designate a judge
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5 1 days after service upon him of the complaint, may file with 2 the clerk of such court a request that the court of three judges 3 be convened to hear and determine the entire case. A copy 4 of the request for a three-judge court shall be immediately 5 furnished by such clerk to the chief judge of the circuit (or 6 in his absence, the presiding circuit judge of the circuit) in 7 which the case is pending. Upon receipt of the copy of such 8 request is shall be the duty of the chief judge or the circuit 9 or the presiding circuit judge, as the case may be, to desig- 10 nate immediately three judges in such circuit, of whom at 11 least one shall be a circuit judge and another of whom shall 12 be a district judge of the court in which the proceeding was 13 instituted, to hear and determine such case, and it shall be 14 the duty of the judges so designated to assign the case for 15 hearing at the earliest practicable date, to participate in the 16 hearing and determination thereof, and to cause the case to 17 be in every way expedited. An appeal from the final judg- 18 ment of such court will lie to the Supreme Court. 19 "In any proceeding brought under subsection (c) of 20 this section to enforce subsection (b) of this section, or in the 21 event neither the Attorney General nor any defendant files 22 a request for a three-judge court in any proceeding author- 23 ized by this subsection, it shall be the duty of the chief judge 24 of the district (or in his absence, the acting chief judge) in 25 which the case is pending immediately to designate a judge
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