Legal Opinion · Dissent
Walter J. Cobb, on Behalf of Themselves and All Others Similarly Situated v. Jerry Lewis
Court of Appeals for the Fifth Circuit
Decided January 9, 1974No. 72-2457Published
1DissentColeman, Circuit Judge
(dissenting) :
I regret that I must dissent.
I am convinced beyond any shadow of a reasonable doubt that this Court stands, starkly, without jurisdiction of this appeal.
The chronology of the matter is that:
On May 3, 1972, the District Court entered an order which determined with finality that a preliminary injunction would be denied and a stay of the suit would be granted.
The petitioners sought leave to appeal from this interlocutory order, 28 U.S.C., § 1292(b). On June 5, 1972, a panel of this Court [Judges Bell, Dyer, and Clark] denied the requested leave.
Apparently, however, the panel was…
2Cases cited5 opinions
- Gulf-Tampa Drydock Company v. The Vessel Virginia Trader, Her Engines, Etc., and American Trading and Production CompanyCourt of Appeals for the Fifth Circuit · 1970
- Hardy Jackson v. Sheriff Bill DeckerCourt of Appeals for the Fifth Circuit · 1971
- Melvin Gann v. W. D. Smith, Jr., No. 71-1201 Summary Calendar. (1) Rule 18, 5th Cir. See Isbell Enterprises v. Citizens Casualty Co. Of N.Y., 431 F.2d 409, Part I (5th Cir. 1970)Court of Appeals for the Fifth Circuit · 1971
- David Lawrence v. Louie L. Wainwright, Director, Division of Corrections, State of FloridaCourt of Appeals for the Fifth Circuit · 1968
- Carrie Smith v. Southern Bell Telephone CompanyCourt of Appeals for the Fifth Circuit · 1972