Opinion

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

  • 449 F.2d 161
Court
Court of Appeals for the Fifth Circuit
Filed
Sep 20, 1971
Status
Published
On the bench
Wisdom, Coleman, Simpson
Cited by
5 cases
Authority
More cited than 74.5%

The 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.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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