Legal Opinion

Schuetzle v. Duba

District Court, D. South Dakota

Decided January 24, 1962No. Civ. No. 901 N. DPublishedCited by 4 opinions

1Opinion of the Court

BECK, District Judge.

This is a rehearing, granted at the request of the defendants because of their complaint that the two day notice under Rule 65(b) F.R.Civ.P., 28 U.S.C.A., necessarily invoked as the first hearing was held, did not afford the time they needed to answer the plaintiffs’ application for the preliminary injunction which was issued on September 23, 1961.

The controversy which led first to a restraining order and then to an application for and the granting of the preliminary *756injunction, arose out of an alleged attempt by the defendants under cloak and pretense of official…

2Cases cited20 opinions

  1. Larson v. Domestic and Foreign Commerce Corp.Supreme Court of the United States · 1949
  2. United States Ex Rel. Accardi v. ShaughnessySupreme Court of the United States · 1954
  3. Webster v. FallSupreme Court of the United States · 1925
  4. Bridges v. WixonSupreme Court of the United States · 1945
  5. Coleman v. MillerSupreme Court of the United States · 1939

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3Cited by4 opinions

  1. Rural Electrification Administration v. Northern States Power CompanyCourt of Appeals for the Eighth Circuit · 1967
  2. Duba v. SchuetzleCourt of Appeals for the Eighth Circuit · 1962
  3. Kephart v. WilsonDistrict Court, W.D. Texas · 1963
  4. Duba v. SchuetzleCourt of Appeals for the Eighth Circuit · 1962

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