bailey patterson argued decided february appellants negroes living jackson mississippi brought civil rights action federal district behalf others similarly situated seeking injunctions enforce constitutional rights nonsegregated service interstate intrastate transportation alleged rights denied color state statutes municipal ordinances state custom usage district convened consider case abstained proceedings pending construction challenged laws state courts appellants appealed directly held appellants lack standing enjoin criminal prosecutions mississippi statutes since allege prosecuted threatened prosecution passengers using segregated transportation facilities standing enforce rights nonsegregated treatment pp state may require racial segregation interstate intrastate transportation facilities well settled foreclosed litigable issue required pass case since case one required heard determined district three judges brought direct appeal jurisdiction determine authority make corrective order may appropriate enforcement limitation section imposes judgment vacated case remanded district expeditions disposition light opinion appellants claims right nonsegregated transportation service constance baker motley jack greenberg james nabrit iii jess brown appellants dugas shands edward cates assistant attorneys general mississippi charles clark special assistant attorney general patterson thomas watkins city jackson mississippi et junior greyhound corporation et appellees per curiam appellants negroes living jackson mississippi brought civil rights action district southern district mississippi behalf others similarly situated seeking temporary permanent injunctions enforce constitutional rights nonsegregated service interstate intrastate transportation alleging rights denied color state statutes municipal ordinances state custom usage district convened circuit judge rives dissenting abstained proceedings pending construction challenged laws state courts supp plaintiffs appealed bennett denied motion stay prosecution number criminal cases pending disposition appeal appellants lack standing enjoin criminal prosecutions mississippi statutes since allege prosecuted threatened prosecution represent class part mccabe atchison passengers using segregated transportation facilities aggrieved parties standing enforce rights nonsegregated treatment mitchell evers dwyer settled beyond question state may require racial segregation interstate intrastate transportation facilities morgan virginia gayle browder boynton virginia question longer open foreclosed litigable issue section require claim statute unconstitutional wholly insubstantial legally speaking nonexistent ex parte poresky bell hold three judges similarly required prior decisions make frivolous claim state statute face unconstitutional willis walker supp bush orleans parish school board supp kelley board education supp denied leave file petitions mandamus bush similar ruling booker tennessee board education reasons convening extraordinary inapplicable cases policy behind requirement single judge empowered invalidate state statute federal claim apply requirement technical one narrowly construed phillips statute comes play injunction sought upon ground unconstitutionality statute ground constitutional issue presented essentially fictitious case therefore one required heard determined district three judges therefore brought direct appeal however jurisdiction determine authority make corrective order may appropriate enforcement limitations section imposes gully interstate natural gas oklahoma gas elec oklahoma packing phillips accordingly vacate judgment remand case district expeditious disposition light opinion appellants claims right unsegregated transportation service vacated remanded statutes question miss code tit tit