Does a three-judge court need to be convened on the theory that the challenged state policy is informal and not mandated by statute?

MultiRegion, United States of America

The following excerpt is from Roe v. Norton, 522 F.2d 928 (2nd Cir. 1975):

13 In Doe v. Rose, supra, a three-judge court was not convened on the theory that the challenged state policy was informal and not mandated by statute, and that therefore a three-judge court was not required in the light of Philipps v. United States, 312 U.S. 246, 61 S.Ct. 480, 85 L.Ed. 800 (1941).

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