Legal Opinion
Department of Energy v. Brimmer
Temporary Emergency Court of Appeals
Decided March 3, 1982No. Nos. 10-40, 10-41 and C-81-0263PublishedCited by 14 opinions
1Opinion of the Court
DUNIWAY, Judge:
The Department of Energy appeals from an order of the district court styled a preliminary injunction. We find that the order is appealable as a final order, and we reverse. In the alternative, we find that the district court acted beyond its jurisdiction, and we order that a writ of mandamus issue. We vacate the order of the district court and direct that the action be dismissed with prejudice. We affirm the action of the district judge in refusing to disqualify himself. We dismiss as moot a motion that the attorneys for the plaintiff be disqualified.
I. Facts.
The background of…
2Cases cited7 opinions
- Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
- Tumey v. OhioSupreme Court of the United States · 1927
- Commonwealth Coatings Corp. v. Continental Casualty Co.Supreme Court of the United States · 1969
- Pasco, Inc. v. Federal Energy AdministrationTemporary Emergency Court of Appeals · 1975
- Cities Service Co. v. Federal Energy AdministrationTemporary Emergency Court of Appeals · 1975
2 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Hinman v. RogersCourt of Appeals for the Tenth Circuit · 1987
- Gollust v. MendellSupreme Court of the United States · 1991
- In Re Drexel Burnham Lambert IncorporatedCourt of Appeals for the Second Circuit · 1988
- United States v. Harvey NobelCourt of Appeals for the Third Circuit · 1983
- McCann v. Communications Design Corp.District Court, D. Connecticut · 1991
9 more not listed; retrieve them via the Exa API.