Davidson Oil Country Supply Co., Inc. v. Klockner, Inc.

U.S. Court of Appeals for the Fifth Circuit August 15, 1990

Davidson Oil Country Supply Co., Inc. v. Klockner, Inc., 908 F.2d 1251 (5th Cir. 1990)

1990 U.S. App. LEXIS 13975; 1990 WL 106575

Opinion

PER CURIAM:

This is an appeal from a post judgment preliminary injunction. A temporary re *1252 straining order was entered on June 8, 1989 and extended for ten days on June 12, 1989. It was converted into a preliminary injunction on June 21,1989. The injunction prohibits DOCS from “[tjaking any action whatsoever to obtain or cause the transfer, application, setoff or encumbrance of any and all funds on deposit with Citibank.” It also prohibits DOCS from in any way blocking or interfering with Klockner’s collection efforts. This injunction has twice been modified by this Court in order to allow DOCS to protect its interests.

Having on this day reversed the underlying judgment and remanded the case for a new trial, the preliminary injunction ceases to have any effect. We therefore remand this case and instruct the trial court to vacate the preliminary injunction.

REMANDED WITH INSTRUCTIONS TO VACATE.

Reference

Full Case Name: DAVIDSON OIL COUNTRY SUPPLY CO., INC., Appellant, v. KLOCKNER, INC., Appellee
Status: Published