Legal Opinion

Greenspan v. Klein

Court of Appeals for the Third Circuit

Decided February 10, 1977No. 76-1726PublishedCited by 5 opinions

1Opinion of the Court

JAMES HUNTER, III, Circuit Judge:

This appeal from the denial of plaintiff Greenspan’s request for a preliminary injunction against New Jersey state officials raises the issue of a single district judge’s power to deny a preliminary injunction request, or to abstain, after deciding that the constitutional question presented could be *857heard only by a three-judge court. For the following reasons, we hold that a single judge in that situation is without jurisdiction to deny a preliminary injunction request or to abstain.

I

Bernard Greenspan, an osteopathic physician whose patients are largely…

2Cases cited13 opinions

  1. Colorado River Water Conservation District v. United StatesSupreme Court of the United States · 1976
  2. Idlewild Bon Voyage Liquor Corp. v. EpsteinSupreme Court of the United States · 1962
  3. Goosby v. OsserSupreme Court of the United States · 1973
  4. Oklahoma Natural Gas Co. v. RussellSupreme Court of the United States · 1923
  5. Nancy Noe, by Her Guardian Ad Litem v. Laurel True, Secretary, Department for Human ResourcesCourt of Appeals for the Sixth Circuit · 1974

8 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. George H. Ryan, Etc. v. The State Board of Elections of the State of Illinois, Earl Neil Otto v. The State Board of Elections, Ronald D. Michaelson, Executive DirectorCourt of Appeals for the Seventh Circuit · 1981
  2. Ryan v. State Board of ElectionsCourt of Appeals for the Seventh Circuit · 1981
  3. Thomas E. Lister v. Patrick J. LuceyCourt of Appeals for the Seventh Circuit · 1978
  4. Greenspan v. KleinDistrict Court, D. New Jersey · 1977
  5. Greenspan v. KleinCourt of Appeals for the Third Circuit · 1977

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