FRANK E. MIDKIFF, ET AL., PLAINTIFFS-APPELLANTS,
v.
PAUL A. TOM, ET AL., DEFENDANTS-APPELLEES
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court denied the motion for an injunction to stay state judicial proceedings because the appellants failed to demonstrate immediate irreparable injury or extraordinary circumstances.
Appellants sought an injunction to halt state court proceedings in a matter pending in Hawaii. They argued for probable success on the merits but did …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Probability Of Success On The Merits cases and more on FLexlaw
The motion for an injunction directing the parties to stay further prosecution of the matter entitled Hawaii Housing Authority, Plaintiff, v. Frank E. Midkiff, et al., Defendants, now pending in the Circuit Court of the First Circuit, State of Hawaii, at Civil No. 63408 thereof, is denied.
While appellants have shown a likelihood of “probable success” on the merits of their claim, William Inglis & Sons Baking Co. v. ITT Continental Baking Co., 526 F. 2d 86, 88 (9th Cir.1976), they have not presently demonstrated the requisite immediate irreparable injury, Benda v. Grand Lodge of the International Association of Machinists & Aerospace Workers, 584 F. 2d 308, 314-15 (9th Cir.1978), or the “real and concrete injury,” Los Angeles Memorial Coliseum Commission v. National Football League, 634 F. 2d 1197, 1201 (9th Cir.1980), which would entitle them to an injunction against ongoing state judicial proceedings.
The record does not present any “other extraordinary circumstance,” Middlesex County Ethics Committee v. Garden State Bar Association, 457 U.S. 423, 435, 102 S.Ct. 2515, 2523, 73 L.Ed.2d 116 (1982), such as would require intervention now. Neither may it be presumed that the courts of Hawaii under the Supremacy Clause of the United States Constitution, and in the light of this court’s decision of March 28, 1983, will fail to discharge their obligations with respect to the rights of appellants.
The order to show cause is vacated and the stay heretofore entered is dissolved. All parties to bear their own costs of this proceeding.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Middlesex Cnty. Ethics Comm. v. Garden State Bar Ass'n, 457 U.S. 423 (U.S. 1982)
- Benda v. Grand Lodge OF the Int'l Ass'n OF MacHinists & Aerospace Workers, 584 F.2d 308 (9th Cir. 1978)
- LOS Angeles Mem'l Coliseum Comm'n v. Nat'l Football League, 634 F.2d 1197 (9th Cir. 1980)
- William Inglis & Sons Baking Co. v. ITT Cont'l Baking Co., Inc., 526 F.2d 86 (9th Cir. 1975)