Frank R. Leu v. American Fidelity Life Insurance Company

Fifth Circuit

Frank R. Leu v. American Fidelity Life Insurance Company

430 F.2d 672, 1970 U.S. App. LEXIS 8085

CourtCourt of Appeals for the Fifth Circuit

DecidedJuly 20, 1970

Docket29476_1

StatusPublished

Cited by3 cases

This text of 430 F.2d 672 (Frank R. Leu v. American Fidelity Life Insurance Company) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Frank R. Leu v. American Fidelity Life Insurance Company, 430 F.2d 672, 1970 U.S. App. LEXIS 8085 (5th Cir. 1970).

Pincite

Opinions

PER CURIAM.

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.

Free access — add to your briefcase to read the full text and ask questions with AI