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Branham v. Langley

Branham v. Langley, 139 F.2d 115 (4th Cir. 1943)
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Court
Court of Appeals for the Fourth Circuit · U.S. Courts of Appeals
Decided
November 16, 1943
Docket
No. 5160
Judges
Parker, Soper, Waring
Citations
139 F.2d 1151943 U.S. App. LEXIS 2209

Opinion of the Court

Text extracted by OCR from a scanned original; check the original for exact wording.

PER CURIAM.

This is an appeal from an order dismissing a suit instituted to enjoin a local induction board from delivering plaintiff for induction into the army as a Negro. Plaintiff registered as an Indian. The Board entered an order that he be delivered for induction as a Negro. Before the hearing below, however, the Board changed the order and directed that plaintiff report for induction without determination of his race or color. Under these circumstances there is no ground for injunctive relief and no necessity for determining the jurisdictional questions which have been argued in connection therewith.

Plaintiff argues that the Board should be required to classify- him as an Indian and order his induction into the army as a white trainee, under rulings issued by the War Department. A sufficient answer is that the prayer for mandatory injunction with respect to official action by members of the Board is in effect a prayer for a writ of mandamus; and the District Court is without power to grant such writ. Rose’s Federal Jurisdiction and Procedure 4th ed. sec. 192; Rosenbaum v. Bauer, 120 U.S. 450, 453 , 7 S.Ct. 633 , 30 L.Ed. 743 ; McIntire v. Wood, 7 Cranch 504 , 3 L.Ed. 420 .

The order dismissing the suit will be affirmed.

Affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 11 cases

View all citing references →
1944: 11945: 11948: 11949: 21950: 31954: 11957: 11960: 119442026peak 1950 · 3

Relies on it most ⓘ

  1. Deglau v. Franke184 F. Supp. 225 (D.R.I. 1960)
  2. Payne v. McKee153 F. Supp. 932 (E.D. Va. 1957)
  3. Marshall v. Crotty185 F.2d 622 (1st Cir. 1950)
  4. Wilson v. Wilson141 F.2d 599 (4th Cir. 1944)
  5. Palmer v. Walsh78 F. Supp. 64 (D. Or. 1948)
  6. United States ex rel. Vassel v. Durning152 F.2d 455 (2d Cir. 1945)

Most recent

  1. Deglau v. Franke184 F. Supp. 225 (D.R.I. 1960)
  2. Payne v. McKee153 F. Supp. 932 (E.D. Va. 1957)
  3. Callaway County Agricultural Stabilization & Conservation Committee v. Missouri Agricultural Stabilization & Conservation Committee122 F. Supp. 541 (W.D. Mo. 1954)
  4. Fredericks v. Rossell95 F. Supp. 754 (S.D.N.Y. 1950)
  5. Marshall v. Crotty185 F.2d 622 (1st Cir. 1950)
  6. McCarthy v. Watt89 F. Supp. 841 (D. Mass. 1950)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Rosenbaum v. Bauer, 120 U.S. 450 (1887) 98
McIntire v. Wood, 11 U.S. (7 Cranch) 504 (1813) 113

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