U.S. Court of Appeals for the Fifth Circuit, 1961

F. L. Shuttlesworth and Charles Billups v. Eugene Bull Connor, Commissioner of Public Safety, Birmingham, Alabama

U.S. Court of Appeals for the Fifth Circuit · Decided June 12, 1961 · Jones, Brown, De Vane

291 F.2d 217; 1961 U.S. App. LEXIS 4237 (Federal Reporter, Second Series)

Counsel

Leonard W. Holt, Norfolk, Va., for appellant., J. M. Breckenridge, James A. Simpson, Birmingham, Ala., Lange, Simpson, Robinson & Somerville, by Henry E. Simpson, Birmingham, Ala., of counsel, for appellee.

Cases that cite this one

5 later published cases cite this decision.

Ledet v. Fischer (District Court, M.D. Louisiana 1982)
Nalco Chemical Company v. Merwin G. Hall (5th Cir. 1965)
Rackley v. Board Of Trustees Of Orangeburg Regional Hospital (4th Cir. 1962)
United States v. City of Jackson, Mississippi (District Court, S.D. Mississippi 1962)
Rackley v. Board of Trustees of Orangeburg Regional Hospital (4th Cir. 1962)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

PER CURIAM.

The district court entered an order denying an application for a temporary injunction. The plaintiffs have appealed from the order. Whether or not a temporary injunction is to be granted rests largely within the discretion of the district courts. It is not generally regarded as a matter of right. Yakus v. United States, 321 U.S. 414, 64 S.Ct. 660, 88 L.Ed. 834; Home Decorators, Inc. v. Herfort, 5 Cir., 1950, 179 F.2d 398; Central Hanover Bank & Trust Co. v. Callaway, 5 Cir., 1943, 135 F.2d 592. It does not appear that there has been any abuse of discretion and the order of the district court is

Affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.