Legal Opinion

Wendell Douglas Frith, a Minor, by Alton Frith, Adult Next Friend v. Blazon-Flexible Flyer, Inc. And Western Auto Supply Company, Inc.

Court of Appeals for the Fifth Circuit

Decided May 8, 1975No. 75-1667PublishedCited by 37 opinions

1Per curiam

This case comes to us styled as a “petition for dissolution of a prohibitory injunction,” supposedly pursuant to F.R.A.P. 8(a). That section, however, only authorizes stays or injunctions pending appeal. It does not provide for the relief sought in appellant’s petition for dissolution: in effect, a vacation of an injunction entered by the district court. Nevertheless, we are empowered by 28 U.S.C.A. § 2106 to vacate or set aside any decree lawfully brought before this Court for review. Furthermore, under Local Rule 11(b) we may sua sponte expedite the consideration of any case. Since this…

2Cases cited5 opinions

  1. Toucey v. New York Life InsuranceSupreme Court of the United States · 1941
  2. Frank W. Parks and John Patterson v. The New York Times CompanyCourt of Appeals for the Fifth Circuit · 1962
  3. Armstrong v. Alliance Trust Co.Court of Appeals for the Fifth Circuit · 1942
  4. Moffett v. RobbinsCourt of Appeals for the Tenth Circuit · 1936
  5. Brown v. Seaboard Coast Line RailroadDistrict Court, N.D. Georgia · 1969

3Cited by37 opinions

  1. Lou v. BelzbergCourt of Appeals for the Ninth Circuit · 1987
  2. Winters v. Diamond Shamrock Chemical Co.Court of Appeals for the Fifth Circuit · 1998
  3. Cobb v. Delta Exports, Inc.Court of Appeals for the Fifth Circuit · 1999
  4. Quackenbush v. Allstate InsuranceCourt of Appeals for the Ninth Circuit · 1997
  5. Ackerman v. Exxonmobil Corp.Court of Appeals for the Fourth Circuit · 2013

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