Wilma Joyce Harrington, Franklin Sutton v. Colquitt County Board of Education

Fifth Circuit

Wilma Joyce Harrington, Franklin Sutton v. Colquitt County Board of Education

449 F.2d 161

CourtCourt of Appeals for the Fifth Circuit

DecidedSeptember 20, 1971

Docket71-2278_1

StatusPublished

Cited by5 cases

This text of 449 F.2d 161 (Wilma Joyce Harrington, Franklin Sutton v. Colquitt County Board of Education) 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.

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Wilma Joyce Harrington, Franklin Sutton v. Colquitt County Board of Education, 449 F.2d 161 (5th Cir. 1971).

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Opinion

BY THE COURT:

By its Order of May 26, 1971, the district court sought to enjoin violation of its Order by “all persons who are residents of Colquitt County, Georgia”. This was impermissibly broad, although the injunction against the parties is binding as well upon their “officers, agents, servants, employees, and attorneys, and upon those persons in active concert or participation with them uiho receive actual notice of the order by personal service or otherwise.” (Emphasis supplied). Rule 65(d), F.R.Civ.P. See Lance v. Plummer, 5 Cir. 1965, 353 F.2d 585, cert. den. 1966, 384 U.S. 929, 86 S.Ct. 1380, 16 L.Ed.2d 532; reh. den. 1966, 384 U.S. 994, 86 S.Ct. 1885, 16 L.Ed.2d 1011.

The May 26, 1971 Order is directed to be modified by striking the quoted language, and, as so modified, the order is affirmed.

Let our mandate issue immediately.

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BY THE COURT:

By its Order of May 26, 1971, the district court sought to enjoin violation of its Order by “all persons who are residents of Colquitt County, Georgia”. This was impermissibly broad, although the injunction against the parties is binding as well upon their “officers, agents, servants, employees, and attorneys, and upon those persons in active concert or participation with them uiho receive actual notice of the order by personal service or otherwise.” (Emphasis supplied). Rule 65(d), F.R.Civ.P. See Lance v. Plummer, 5 Cir. 1965, 353 F.2d 585, cert. den. 1966, 384 U.S. 929, 86 S.Ct. 1380, 16 L.Ed.2d 532; reh. den. 1966, 384 U.S. 994, 86 S.Ct. 1885, 16 L.Ed.2d 1011.

The May 26, 1971 Order is directed to be modified by striking the quoted language, and, as so modified, the order is affirmed.

Let our mandate issue immediately.

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449 F.2d 161, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wilma-joyce-harrington-franklin-sutton-v-colquitt-county-board-of-ca5-1971.

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