Ebsco Industries, Inc. v. Thomas E. Lilly, Third-Party-Plaintiff, J. Richard Egan Richard D. Egan and J. Edward Porter, III

In my judgment, the district court was without authority to issue the preliminary injunction the court approves today. The authorities in support of that view are mar-shalled in a clear, coherent, and persuasive fashion in my brother’s opinion for the court. Unfortunately, the dispositive final paragraph for affirmance is antithetical to the discussion that proceeds it and, in my view, offers no basis in law to justify the court’s conclusion.

The issue, as correctly stated in the majority opinion, is “whether the district court may employ its injunctive powers under Fed.R.Civ.P. 65 instead of…