Sandra Craig Boson v. Dr. Edwin L. Rippy, as President of the Board of Trustees of the Dallas Independent School District, Dallas County, Texas

For several reasons I cannot subscribe to the result announced and the reasons given in the per curiam opinion in which the majority has concurred.

I

I do not think the case is legally before us. We have no jurisdiction, except that conferred by statute. The per curiam opinion rests jurisdiction upon 28 U.S.C.A. § 1292(a) (1) providing for appeals from interlocutory orders of district courts “granting, continuing, modifying, refusing or dissolving injunctions, or refusing to dissolve or modify injunctions * * ” This appeal does not, in my opinion, come within the ambit of that statute.

The…