Enterprise Window Cleaning Co. v. Slowuta

While we would agree with much that is said by Judge Desmond, we cannot overlook that this is not an appeal from a judgment enjoining certain conduct, but an appeal from an order denying appellant’s application to modify an injunction entered by consent many years ago. The principles enunciated in the dissent have little if anything to do with the matter before us for the question posed is exceedingly narrow: whether the court below has abused its discretion in denying the application. The modification of an injunctive decree must rest upon a clear showing that the evils which justified the…