United States v. Jonathan R. Edwards, Jr., Sheriff of Rankin County, Mississippi

(dissenting) :

First, although this is nominally an appeal from a denial of a preliminary injunction, I think this is a case which should be treated as though the “trial” on the permanent injunction had been held. The facts concerning the underlying occurrence will be the same. All of such facts were fully developed. Nothing new will be added. This approach reflects the view many times declared by this Court that where a further full trial is needed to develop the critical facts, the Trial Court should proceed *580with the hearing on the merits even though appeal has been taken from the grant or…