U.S. Court of Appeals for the Fifth Circuit, 1971

Wilma Joyce Harrington, Franklin Sutton v. Colquitt County Board of Education

Wilma Joyce Harrington, Franklin Sutton v. Colquitt County Board of Education
U.S. Court of Appeals for the Fifth Circuit · Decided September 20, 1971 · Wisdom, Coleman, Simpson
449 F.2d 161 (Federal Reporter, Second Series)

Wilma Joyce Harrington, Franklin Sutton v. Colquitt County Board of Education

Opinion

BY THE COURT:

By its Order of May 26, 1971, the district court sought to enjoin violation of its Order by “all persons who are residents of Colquitt County, Georgia”. This was impermissibly broad, although the injunction against the parties is binding as well upon their “officers, agents, servants, employees, and attorneys, and upon those persons in active concert or participation with them uiho receive actual notice of the order by personal service or otherwise.” (Emphasis supplied). Rule 65(d), F.R.Civ.P. See Lance v. Plummer, 5 Cir. 1965, 353 F.2d 585, cert. den. 1966, 384 U.S. 929, 86 S.Ct. 1380, 16 L.Ed.2d 532; reh. den. 1966, 384 U.S. 994, 86 S.Ct. 1885, 16 L.Ed.2d 1011.

The May 26, 1971 Order is directed to be modified by striking the quoted language, and, as so modified, the order is affirmed.

Let our mandate issue immediately.

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