Legal Opinion
Joseph Di Giorgio v. Leon N. Causey, Sr., Judge, Circuit Court, Greene County, Mississippi, Etc.
Court of Appeals for the Fifth Circuit
Decided December 13, 1973No. 73-1814PublishedCited by 40 opinions
1Opinion of the Court
COLEMAN, Circuit Judge:
In the total context, this appeal comes to us in a very odd posture.
It is not an appeal from a final judgment, 28 U.S.C., § 1291, but, rather is from an order of the United States District Court granting a preliminary injunction, 28 U.S.C., § 1292(a)(1).
So far as the record reveals, no final judgment has ever been entered. Yet the parties have briefed and argued the appeal as if it were from a final judgment on the merits.
Shorn of things had and done and about which there is no appeal, this was a suit in the United States District Court to set aside a default civil…
2Cases cited14 opinions
- Eli Lilly and Company, Inc. v. Generix Drug Sales, Inc., Caribe Chemical Company, Inc., Ellencee Pharmaceutical Laboratories, Inc., (Three Cases)Court of Appeals for the Fifth Circuit · 1972
- DeBremaecker v. ShortCourt of Appeals for the Fifth Circuit · 1970
- Perry v. PerryCourt of Appeals for the D.C. Circuit · 1951
- Blackshear Residents Organization v. George Romney, Secretary, U. S. Department of Housing and Urban DevelopmentCourt of Appeals for the Fifth Circuit · 1973
- David Bayless v. Floyd Martine, Dean of Students, Southwest Texas State UniversityCourt of Appeals for the Fifth Circuit · 1970
9 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- The Canal Authority of the State of Florida v. Howard H. Callaway, Secretary of the United States Army, the Cross-Florida Canal Association v. Howard H. Callaway, Secretary of the United States Army, Eleanor H. Miller v. Avery S. Fullerton, Environmental Defense Fund, Inc. v. Corps of Engineers of the United States Army, J. G. Perko v. The Canal Authority of the State of Florida, Etc.Court of Appeals for the Fifth Circuit · 1974
- Luis Martinez v. F. David Mathews, Secretary of Health, Education and WelfareCourt of Appeals for the Fifth Circuit · 1976
- Piedmont Heights Civic Club, Inc. v. Thomas D. MorelandCourt of Appeals for the Fifth Circuit · 1981
- Aaron Henry v. First National Bank of Clarksdale v. Mississippi Action for Progress, Inc.Court of Appeals for the First Circuit · 1979
- Dolta Jo Morgan v. James C. Fletcher, Administrator, National Aeronautics and SpaceadministrationCourt of Appeals for the Fifth Circuit · 1975
35 more not listed; retrieve them via the Exa API.