Legal Opinion · Dissent
Mississippi Power & Light Co. & Mississippi Public Service Commission v. United Gas Pipe Line Co.
Court of Appeals for the Fifth Circuit
Decided May 17, 1985No. 84-4220Published
1DissentGarwood, Circuit Judge
I respectfully dissent. In my view the temporary injunction is not supported by an adequate showing of irreparable injury, the recognized sine qua non of such relief in this character of case.
The underlying controversy, and the interim relief, relates solely to the amount of money to be charged by United Gas Pipe Line Company (“United”) to Mississippi Power & Light Company (“MP&L”) pursuant to the unregulated contract to which those two investor-owned concerns are the only contracting or beneficiary parties. The merits of the suit are to no extent based on any assertion that the price charged…
2Cases cited32 opinions
- Sampson v. MurraySupreme Court of the United States · 1974
- Beacon Theatres, Inc. v. WestoverSupreme Court of the United States · 1959
- Doran v. Salem Inn, Inc.Supreme Court of the United States · 1975
- Virginia Petroleum Jobbers Ass'n v. Federal Power CommissionCourt of Appeals for the D.C. Circuit · 1958
- The Canal Authority of the State of Florida v. Howard H. Callaway, Secretary of the United States Army, the Cross-Florida Canal Association v. Howard H. Callaway, Secretary of the United States Army, Eleanor H. Miller v. Avery S. Fullerton, Environmental Defense Fund, Inc. v. Corps of Engineers of the United States Army, J. G. Perko v. The Canal Authority of the State of Florida, Etc.Court of Appeals for the Fifth Circuit · 1974
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