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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