Legal Opinion · Dissent

Meredith v. City of Winter Haven

Court of Appeals for the Fifth Circuit

Decided February 3, 1943No. 10402Published

1DissentSibley, Circuit Judge

There being a presently acute justiciable controversy, I think we are bound to declare the rights of the parties, though the grant of injunction is discretionary. The Constitution extends the judicial power of the United States to controversies between citizens of different States arising under the laws of a State, just as fully as to controversies arising under the Constitution and laws of the United States.' There is the same power and the same duty to decide both classes of cases. This case involves no invasion of high State functions or policies as to which caution is due, but only a…

2Cases cited2 opinions

  1. Andrews v. City of Winter HavenSupreme Court of Florida · 1941
  2. State v. City of New Smyrna BeachSupreme Court of Florida · 1941

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