F. L. Shuttlesworth and Charles Billups, Appellants, v. Eugene Bull Connor, Commissioner of Public Safety,birmingham, Alabama, et al., Appellees, 291 F.2d 217 (5th Cir. 1961)

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U.S. Court of Appeals for the Fifth Circuit - 291 F.2d 217 (5th Cir. 1961) June 12, 1961

Leonard W. Holt, Norfolk, Va., for appellant.

J. M. Breckenridge, James A. Simpson, Birmingham, Ala., Lange, Simpson, Robinson & Somerville, by Henry E. Simpson, Birmingham, Ala., of counsel, for appellee.

Before JONES and BROWN, Circuit Judges, and De VANTE, District Judge.

PER CURIAM.


The district court entered an order denying an application for a temporary injunction. The plaintiffs have appealed from the order. Whether or not a temporary injunction is to be granted rests largely within the discretion of the district courts. It is not generally regarded as a matter of right. Yakus v. United States, 321 U.S. 414, 64 S. Ct. 660, 88 L. Ed. 834; Home Decorators, Inc. v. Herfort, 5 Cir., 1950, 179 F.2d 398; Central Hanover Bank & Trust Co. v. Callaway, 5 Cir., 1943, 135 F.2d 592. It does not appear that there has been any abuse of discretion and the order of the district court is

Affirmed.

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