Ash v. Cort
Ash v. Cort
Opinion of the Court
OPINION OF THE COURT
This is an appeal from a denial of a request for preliminary relief seeking to enjoin Bethlehem Steel from furnishing funds for the publication and dissemination of copies of a speech made by the corporation’s president. Appellant alleged that this practice offended 18 U.S.
Although the court reached other legal considerations which facially would seem to preclude appellant from proceeding to final hearing, we were assured at oral argument by counsel for appellees that he considered those conclusions to have been preliminary only and limited to the context of the request for preliminary relief. He conceded that appellant would be free to present anew his original contentions in the district court as the case proceeds to final adjudication. We therefore conclude that appellant is not foreclosed from reasserting at final hearing his contentions of standing and statutory construction of 18 U.S.C. §§ 591, 610 and, thus, do not meet these questions nor the issue of mootness.
The judgment of the district court will be affirmed.
Reference
- Full Case Name
- Richard A. ASH, on behalf of himself, and on behalf of Bethlehem Steel Corporation v. Stewart S. CORT, Chairman, all being directors of Bethlehem Steel Corporation, and Bethlehem Steel Corporation, Nominal
- Cited By
- 2 cases
- Status
- Published