Legal Opinion
Hayward v. Clay
District Court, D. South Carolina
Decided November 22, 1977No. Civ. A. 76-2304PublishedCited by 3 opinions
1Opinion of the Court
ORDER ON MOTION TO ENJOIN STATE COURT PROCEEDINGS
HEMPHILL, District Judge.
Plaintiffs move for a Rule 62(c) injunction to prevent defendants from proceeding with a state court action which plaintiffs claim is designed to nullify a judgment previously entered by this court. The injunction is sought under the third clause of 28 U.S.C. § 2283, which allows state court proceedings to be enjoined by a federal court where necessary “to protect or effectuate its judgments”.
Two legal questions of considerable importance are raised here, namely the propriety of enjoining the state court proceeding and…
2Cases cited25 opinions
- Atlantic Coast Line Railroad v. Brotherhood of Locomotive EngineersSupreme Court of the United States · 1970
- United States v. Thirty-Seven (37) PhotographsSupreme Court of the United States · 1971
- International Longshoremen's Ass'n, Local 1291 v. Philadelphia Marine Trade Ass'nSupreme Court of the United States · 1967
- Toucey v. New York Life InsuranceSupreme Court of the United States · 1941
- Southwest Airlines Company v. Texas International Airlines, Inc. v. Texas Aeronautics Commission, Intervenor-AppelleeCourt of Appeals for the Fifth Circuit · 1977
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3Cited by3 opinions
- Aero Corp. v. Department of the NavyDistrict Court, District of Columbia · 1981
- In Re Ocean Ranger Sinking Off NewfoundlandDistrict Court, E.D. Louisiana · 1985
- Tarantino v. North CarolinaDistrict Court, W.D. North Carolina · 1986