Perez v. Campbell

421 F.2d 619 Adolfo PEREZ and Emma Perez, husband and wife, and Emma Perez for her separate self, Appellants, v. David H. CAMPBELL, Superintendent, Motor Vehicle Division, Arizona HighwayDept., etc., et al., Appellees. No. 23463. United States Court of Appeals, Ninth Circuit. Jan. 26, 1970, Rehearing Denied Feb. 18, 1970. Winton D. Woods, Jr., Tucson, Ariz. (argued), Anthony B. Ching (argued), Legal Aid Society, Tucson, Ariz., for appellants. Robert H. Schlosser (argued), Asst. Atty. Gen., Gary K. Nelson, Atty. Gen., State of Arizona, for appellees. Before CHAMBERS, CARTER and KILKENNY, Circuit Judges. KILKENNY, Circuit Judge: 1 In the District Court, the appellants challenged the constitutionality of certain Arizona statutes, sought to convene a three-judge court 1 and attempted to secure a preliminary injunction against appellees. The District Court concluded that the unconstitutional claims were obviously insubstantial and that the appellants' complaint failed to state a claim upon which relief could be granted. It denied the request for a three-judge court and dismissed the complaint. We affirm. 2 On July 8, 1965, Adolfo Perez was involved in an accident in his home state of…