Kinney v. Lenon

447 F.2d 596 Paul David KINNEY, a minor child, by and through his natural parents and next friends, William Kinney and Pauline Kinney, and all other persons similarly situated, Plaintiffs-Appellants, v. Harlow F. LENON, in his capacity as Judge of the Circuit Court of the State of Oregon for the County of Multnomah, et al., Defendants-Appellees. No. 25522. United States Court of Appeals, Ninth Circuit. Aug. 13, 1971, Rehearing Denied Oct. 13, 1971. John H. Clough (argued), Joseph C. Morehead, Portland, Or., for plaintiffs-appellants. Elizabeth Preston, Deputy Dist. Atty., Multnomah County (argued), George A. Van Homisslea, Dist. Atty., Portland, Or., Lee Johnson, Or. Atty. Gen., Salem, Or., for defendants-appellees. Before BARNES, BROWNING and TRASK, Circuit Judges. TRASK, Circuit Judge: 1 The plaintiff, a juvenile, through his parents appeals from a judgment of the district court dismissing his class action which sought to convene a three-judge court, 28 U.S.C. 2281, for the purpose of declaring an Oregon Statute unconstitutional. The statute was Oregon Revised Statutes Section 419.583 which declared that provisions regarding bail in criminal cases should not be applicable to…