Opinion · Court of Appeals for the Fifth Circuit

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

F. L. Shuttlesworth & Charles Billups v. Eugene Bull Connor, Comm’r of Pub. Safety, Birmingham, Ala., 291 F.2d 217 (5th Cir. 1961)

Type
Opinion
Court
Court of Appeals for the Fifth Circuit
Jurisdiction
Federal
Date
1961-06-12
Topic
general

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.

Citator

UpLaw has not yet analyzed F. L. Shuttlesworth and Charles Billups v. Eugene Bull Connor, Commissioner of Public Safety, Birmingham, Alabama. The absence of a flag is not a finding that it is good law.

Cited by
5 opinions
SHUTTLESWORTH v. CONNOR,291 F.2d 217(5th Cir. 1961)
F.L. SHUTTLESWORTH and Charles BILLUPS, Appellants, v. Eugene Bull CONNOR,
Commissioner of Public Safety, Birmingham, Alabama, et al., Appellees.
No. 18838.
United States Court of Appeals, Fifth Circuit.
June 12, 1961.
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.
Before JONES and BROWN, Circuit Judges, and De VANE, District Judge.
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.Page 217