Dulien Steel Products, Inc. v. Elbert B. Connell

BORAH, Circuit Judge.

When this case was here on a former appeal from an order of the District Court which temporarily restrained the defendant from enforcing a state court judgment “until the final decision of the Court on Plaintiff’s Motion For Preliminary Injunction,” we held that the order was not a temporary injunction and accordingly dismissed the appeal. Thereafter, and following further proceedings which were had in the court below, the temporary restraining order was dissolved and the complaint was dismissed. As a result this second appeal followed.

The facts which give rise to this…