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

> Court of Appeals for the Fifth Circuit · September 20, 1971 · 449 F.2d 161

URL: https://www.frixlaw.com/law-library/cases/299346

## Case

- **Full name:** Wilma Joyce HARRINGTON Et Al., Plaintiffs, Franklin Sutton Et Al., Plaintiffs-Appellants, v. COLQUITT COUNTY BOARD OF EDUCATION Et Al., Defendants-Appellees
- **Court:** Court of Appeals for the Fifth Circuit
- **Decided:** September 20, 1971
- **Citations:** 449 F.2d 161
- **Precedential status:** Published
- **Opinion:** Opinion
- **Judges:** Wisdom, Coleman, Simpson
- **Cited by:** 5 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/299346

## Opinion text

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.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/299346. Public record. Not legal advice.