Monday, July 12, 2010

District Court order

A judgment denying a motion for preliminary injunction is an appealable order, though interlocutory. 28 U. S.C.A. § 1292(1). This Court has the power to issue all writs necessary or appropriate in aid of its jurisdiction and agreeable to the usages and principles of law. 28 U.S.C.A. § 1651(a). An injunction pending appeal is such a writ. Aaron v. Cooper, 8 Cir., 261 F.2d 97, 101. The power granted to Courts of Appeal under Section 1651, commonly known as the "All Writs" statute is meant to be used only in the exceptional case where there is clear abuse of discretion or usurpation of judicial power. Bankers Life & Casualty Company v. Holland, 346 U. S. 379, 74 S.Ct. 145, 98 L.Ed. 106. It should be invoked only in "extreme cases." LaBuy v. Hawes Leather Company, 352 U.S. 249, 77 S.Ct. 309, 1 L.Ed.2d 290. This is such a case.

in reference to: 318 F.2d 425 (view on Google Sidewiki)

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