HENRY ET AL.
v.
CLAIBORNE HARDWARE CO. ET AL.

U.S. | 1972-03-27
No. 71-605
Mr. Justice Douglas is of the opinion that certiorari should be granted. Mr. Justice Marshall took no part in the consideration or decision of this petition.
405 U.S. 1019 Supreme Court of the United States (1972) Positive Treatment
Cited by 8 cases

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  • …med “that the party whose private suit is challenged as ‘state action’ already has the court on his side before the adjudicatory process even commences.” Henry v. First National Bank of Clarksdale, 444 F. 2d 1300, 1310 (5th Cir. 1971), cert. denied, 405 U.S. 1019, 92 S.Ct. 1284, 31 L.Ed.2d 483 (1972), reh. denied, 406 U.S. 963, 92 S.Ct. 2057, 32 L.Ed.2d 351. It has been held that “the forbidden discrimination need not originate with the state if it is state action that enforces privately originated discrimi…
  • …Corp., 444 F. Supp. 925 (SD Miss. 1977). Commencement of trial was delayed by collateral proceedings in federal court. See Henry v. First National Bank of Clarksdale, 50 F. R. D. 251 (ND Miss. 1970), rev’d, 444 F. 2d 1300 (CA5 1971), cert. denied, 405 U. S. 1019. The District Court entered a preliminary injunction restraining the state proceedings on the theory that the merchants sought to infringe the defendants’ First Amendment rights. The Court of Appeals reversed, holding that the mere commencement of a…
  • Henry v. First Nat'l Bank OF Clarksdale, 595 F.2d 291 (5th Cir. 1979)
    …his extended litigation has been summarized in earlier reported decisions of this court and the [*295] district court. See Henry v. First National Bank of Clarksdale, N.D.Miss., 1970, 50 F.R.D. 251, rev’d, 5 Cir., 1971, 444 F. 2d 1300, cert. denied, 405 U.S. 1019, 92 S.Ct. 1284, 31 L.Ed.2d 483 reh. denied, 406 U.S. 963, 92 S.Ct. 2057, 32 L.Ed.2d 351; Henry v. First National Bank of Clarksdale, N.D.Miss., 1976, 424 F.Supp. 633. The latter cited decision is the subject of the instant appeal. The pertinent fac…

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