Legal Opinion · Dissent

Holiday Inns, Inc. v. Holiday Inn v. Strand Development Corporation

Court of Appeals for the Fourth Circuit

Decided April 3, 1981No. 79-1761Published

1DissentJames Dickson Phillips, Circuit Judge

Mindful that we review a ruling committed to trial court discretion, and that the discretion was here exercised by an able judge carefully informed in the matter, I would nevertheless reverse. In my view the unique change in legal circumstances upon which the motion to modify the injunction was based could not properly be ignored in the exercise of a sound judicial discretion. I think it compelled granting the narrow relief from the comprehensive injunction that the Local Inn sought.

I

The unique quality of the change in circumstance can only be appreciated by putting the motion to modify in…

2Cases cited13 opinions

  1. United States v. Swift & Co.Supreme Court of the United States · 1932
  2. System Federation No. 91 v. WrightSupreme Court of the United States · 1961
  3. United States v. United Shoe MacHinery Corp.Supreme Court of the United States · 1968
  4. King-Seeley Thermos Co. v. Aladdin Industries, IncorporatedCourt of Appeals for the Second Circuit · 1969
  5. Humble Oil & Refining Co. v. American Oil Co.Court of Appeals for the Eighth Circuit · 1969

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