ATLANTIC COAST LINE R. CO. ET AL.
v.
BROTHERHOOD OF RAILROAD TRAINMEN ET AL.
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The application for reinstatement of a limited preliminary injunction is granted, contingent upon the timely filing of a petition for a writ of certiorari.
An application was made to Justice Black for reinstatement of a limited preliminary injunction issued by the U.S. District Court for the Middle Distri…
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C. A. 5th Cir. The application for reinstatement of the limited preliminary injunction of the United States District Court for thé Middle District of Florida of May 10, 1966, and the opposition thereto, presented to Mr. Justice Black, and by him referred to the Court, is granted upon condition that a petition for a writ of certiorari be filed in this Court on or before June 11, 1966. Any brief opposing such petition must be filed on or before June 16, 1966. These papers may be typewritten. The reinstatement of this injunction shall be effective if the petition for a writ of certiorari is timely filed and thereafter until this Court acts upon such petition. Should the petition be denied, this reinstatement shall terminate automatically. In the event the petition for a writ of certiorari is granted, this reinstatement shall remain in effect pending the issuance of the judgment of this Court.
Dennis G. Lyons, Prime F. Osborn III, C. D. Towers, Jr., and W. E. Grissett, Jr., for petitioners. Neal Rutledge for respondents.
The Chief Justice, Mr. Justice Black and Mr. Justice White are of the opinion that the relief sought should be denied. Mr. Justice Fortas took no part in the consideration or decision of this application.
Cases With Similar Vibessemantic neighbors from the corpus
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Smith v. United States, 375 F.2d 243 (5th Cir. 1967)…andon a prosecution already started, is absolute. Confiscation Cases, 1869, 74 U.S. (7 Wall.) 454, 19 L.Ed. 196, Powell v. Katzenbach, 1965, 123 U.S.App.D.C. 250, 359 F. 2d 234, cert. den. 1966, 384 U.S. 906, 86 S.Ct. 1341, 16 L.Ed.2d 359, reh. den. 384 U.S. 967, 86 S.Ct. 1584, 16 L.Ed.2d 679. We held in United States v. Cox, 5 Cir. 1965, 342 F. 2d 167, 171: “The discretionary power of the attorney for the United States in determining whether a prosecution shall be commenced or maintained may well depend u…
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Inmates OF Attica Correctional Facility v. Rockefeller, 477 F.2d 375 (2d Cir. 1973)…denied, 274 U.S. 748, 47 S.Ct. 764, 71 L.Ed. 1331 (1927); Pugach v. Klein, 193 F.Supp. 630 (S.D.N.Y.1961); Powell v. Katzenbach, 123 U.S.App.D.C. 250, 359 F. 2d 234 (1965), cert. denied, 384 U.S. 906, 86 S.Ct. 1341, 16 L.Ed.2d 359, rehearing denied, 384 U.S. 967, 86 S.Ct. 1584, 16 L.Ed.2d 679 (1966); Smith v. United States, 375 F. 2d 243 (5th Cir.), cert. denied, 389 U.S. 841, 88 S.Ct. 76, 19 L.Ed.2d 106 (1967). See also Confiscation Cases, 74 U.S. (7 Wall.) 454, 19 L.Ed. 196 (1868); Goldberg v. Hoffman, 22…
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Jacksonville Terminal Co. v. Fla. E. Coast Ry. Co., 363 F.2d 216 (5th Cir. 1966)…Atlantic C.L.R.R., 5 Cir., 1966, 362 F. 2d 649, in which we vacated an injunction against secondary picketing of Coastline by striking employees of FEC. (See the special supplemental order of the Supreme Court staying our action on conditions, 1966, 384 U.S. 967, 86 S.Ct. 1856, 16 L.Ed.2d 680). Jeop- [*221] ard.v of the public interest becomes increasingly serious when parties (e. g., FEC, vis-a-vis, Coastline, Seaboard, or both), bound to “unanimous consent,” find themselves in a severe competitive struggl…
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