Does a district judge have to abstain from voting in a motion to convene a three-judge court?

MultiRegion, United States of America

The following excerpt is from Shelton v. Smith, 547 F.2d 768 (2nd Cir. 1976):

By determining to abstain, the district judge did not reach the issue of whether a three-judge court should be convened, relying on Reilly v. Doyle, 483 F.2d 123 (2d Cir. 1973).

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