# Parker v. Lester

> Court of Appeals for the Ninth Circuit · October 26, 1955 · 227 F.2d 708

URL: https://www.frixlaw.com/law-library/cases/6912322

## Case

- **Full name:** Lawrence E. PARKER, Peter Mendelsohn, Fred H. Kulper, Claude Payney, Theodore W. Rolfs and Harold Fontaine v. J. A. LESTER, Jack Eaton, John Rylander, Joseph E. Stika, J. E. Hannewyk and L. E. Carlson
- **Court:** Court of Appeals for the Ninth Circuit
- **Decided:** October 26, 1955
- **Citations:** 227 F.2d 708; 1956 A.M.C. 2335
- **Precedential status:** Published
- **Opinion:** Dissent by Healy
- **Judges:** Healy, Pope
- **Cited by:** 49 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6912322

## Opinion text

HEALY, Circuit Judge
(dissenting).
I would affirm the decision and order below on the grounds and for the reasons stated in the trial court’s opinion, D.C., 112 F.Supp. 438 . The Supreme Court had opportunity in Peters v. Hobby, 349 U.S. 331 , 75 S.Ct. 790 , to determine the constitutional issue which this case presents, but it chose not to do so. Particularly in light of what was said in our opinion in United States v. Gray, 9 Cir., 207 F.2d 237 at page 241, I would not undertake to reverse the present judgment but would leave the issue to the Supreme Court to determine on certiorari.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6912322. Public record. Not legal advice.