Curtis v. Smith

MEMORANDUM OPINION AND ORDER

COBB, District Judge.

Before us is the Plaintiffs’ Motion for Preliminary Injunction seeking to enjoin a Texas state court proceeding. On May 23, 2001, the Court entered a Temporary Restraining Order preventing the state court from proceeding in an election contest, pending a hearing on the plaintiffs’ motion. Having heard the parties and their attorneys and having reviewed the motion and response thereto, the Court is of the opinion that the motion be DENIED.

In Polk County, Texas, there are several thousand persons who have retired, or partially so, who call…