Legal Opinion

Andrew B. Phillips v. Chas. Schreiner Bank and Schreiner Bancshares

Court of Appeals for the Fifth Circuit

Decided January 31, 1990No. 89-5563PublishedCited by 76 opinions

1Opinion of the Court

JERRY E. SMITH, Circuit Judge:

Defendants Chas. Schreiner Bank and Schreiner Bancshares (collectively, “Schreiner Bank”) seek interlocutory relief from an order forbidding them from pursuing foreclosure proceedings during the pendency of this action. Concluding that the challenged order is an injunction and that it was issued in violation of Fed.R. Civ.P. 65 and the Anti-Injunction Act, 28 U.S.C. § 2283, we reverse and remand.

I

Over the course of several years, Schreiner Bank financed Phillips’s participation in numerous real estate ventures, typically securing payment of the loans by obtaining…

2Cases cited19 opinions

  1. Dombrowski v. PfisterSupreme Court of the United States · 1965
  2. Granny Goose Foods, Inc. v. Brotherhood of Teamsters & Auto Truck Drivers, Local No. 70Supreme Court of the United States · 1974
  3. Atlantic Coast Line Railroad v. Brotherhood of Locomotive EngineersSupreme Court of the United States · 1970
  4. W. R. Grace & Co. v. Local Union 759, International Union of the United Rubber, Cork, Linoleum & Plastic WorkersSupreme Court of the United States · 1983
  5. Mitchum v. FosterSupreme Court of the United States · 1972

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3Cited by76 opinions

  1. Amsouth Bank (03-5517) First Tennessee Bank (03-5521) v. George DaleCourt of Appeals for the First Circuit · 2004
  2. HBE Leasing Corp. v. FrankCourt of Appeals for the Second Circuit · 1995
  3. Nichols Ex Rel. Alcatel Network Systems Salaried Retirees Benefit Program v. Alcatel USA, Inc.Court of Appeals for the Fifth Circuit · 2008
  4. Sugar Busters LLC v. Ellen C. Brennan Theodore M. Brennan Shamrock Publishing Inc.Court of Appeals for the Fifth Circuit · 1999
  5. Newby v. Enron CorporationCourt of Appeals for the Fifth Circuit · 2002

71 more not listed; retrieve them via the Exa API.

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