Frank R. Leu v. American Fidelity Life Insurance Company
430 F.2d 672, 1970 U.S. App. LEXIS 8085
Opinions
In order to protect its jurisdiction, the district court entered a preliminary injunction against the appellant enjoining it from maintaining an action which it had commenced in the district court for the Southern District of New York. It has appealed from the injunctive order.
The controlling principle has been stated many times in the opinions of this Court. From one of them we quote:
“The law has long been settled that upon review of an order granting a preliminary injunction, the function of the appellate court is to determine whether the trial court abused its discretion. We do not review the case in its entirety on its merits. [Citing cases] It is the function of the trial court to exercise its discretion in deciding upon and delicately balancing the equities of the parties involved.” Tatum v. Blackstock, 5th Cir. 1963, 319 F.2d 397, 401-402.
We find no abuse of discretion by the district court in entering its in-junctive order. The order is affirmed.
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Frank R. Leu v. American Fidelity Life Insurance Company, 430 F.2d 672, 1970 U.S. App. LEXIS 8085 (5th Cir. 1970).
430 F.2d 672 (Frank R. Leu v. American Fidelity Life Insurance Company) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Related
Exhibitors Poster Exchange, Inc. v. National Screen Service Corporation, No. 30886 Summary Calendar. Rule 18, 5 Cir. See Isbell Enterprises, Inc v. Citizens Casualty Co. Of New York, 5 Cir. 1970, 431 F.2d 409, Part I
441 F.2d 560 (Fifth Circuit, 1971)
Exhibitors Poster Exchange, Inc. v. National Screen Service Corp.
441 F.2d 560 (Fifth Circuit, 1971)
Frank R. Leu v. American Fidelity Life Insurance Company
430 F.2d 672 (Fifth Circuit, 1970)