[Download] "Machesky v. Bizzell" by United States Court of Appeals for the Fifth Circuit # Book PDF Kindle ePub Free

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eBook details

• Title: Machesky v. Bizzell
• Author : United States Court of Appeals for the Fifth Circuit
• Release Date : January 05, 1969
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 61 KB

Description

This appeal involves First Amendment rights. Suit was filed in the state court to enjoin the picketing and boycotting activities of appellants. They, in turn, sought declaratory and injunctive relief in the federal court. The federal district court denied relief and dismissed the complaint. The district courts reasoning was based on the facts that the same controversy had first been submitted to the state court, and that the state court had assumed jurisdiction, held an evidentiary hearing and enjoined appellants. These facts led the court to the view that its injunctive prerogative was inhibited by Title 28 U.S.C.A. § 2283, in that this was "* * * not the rare case * * * for utilization of a federal injunction to vindicate a clear constitutional right." The court was of the further view that declaratory relief was not required by the holding of Zwickler v. Koota, 1967, 389 U.S. 241, 88 S. Ct. 391, 19 L. Ed. 2d 444. This appeal followed. We reverse for further proceedings for the reasons to be set out and within stated limits.

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