Leu v. AMERICAN FIDELITY LIFE INSURANCE COMPANY, 29476.
Decision Date | 20 July 1970 |
Docket Number | No. 29476.,29476. |
Citation | 430 F.2d 672 |
Parties | Frank R. LEU, Plaintiff-Appellee, v. AMERICAN FIDELITY LIFE INSURANCE COMPANY, Defendant-Appellant. |
Court | U.S. Court of Appeals — Fifth Circuit |
Harry McCall, New Orleans, La., Paul J. Bschorr, White & Case, John M. Johnston, New York City, Bert Lane, Pensacola, Fla., for defendant-appellant.
Robert D. Hart, Jr., Pensacola, Fla., Joe J. Harrell, for plaintiff-appellee.
Before JONES, WISDOM and COLEMAN, Circuit Judges.
In order to protect its jurisdiction, the district court entered a preliminary injunction against the appellant enjoining it from maintaining an action which it had commenced in the district court for the Southern District of New York. It has appealed from the injunctive order.
The controlling principle has been stated many times in the opinions of this Court. From one of them we quote:
Tatum v. Blackstock, 5th Cir. 1963, 319 F.2d 397, 401-402.
We find no abuse of discretion by the district court in entering its injunctive order. The order is affirmed.
To my mind, since the parties and issues in the New York action were different from the parties and issues in the Florida action, the district judge in Florida exceeded his discretionary authority in issuing a preliminary injunction restraining American Fidelity Insurance Company from prosecuting its suit in New York.
The Petition for Rehearing is denied and no member of this panel nor Judge in regular active service on the Court having requested that the Court be polled on rehearing en banc, (Rule 35 Federal Rules of Appellate Procedure; Local Fifth Circuit Rule 12) the Petition for Rehearing En Banc is denied.
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Exhibitors Poster Exch. v. National Screen Serv. Corp., 30886 Summary Calendar.
...whether or not a preliminary injunction will issue lies within the sound discretion of the trial court. Leu v. American Fidelity Life Insurance Co., 5 Cir. 1970, 430 F.2d 672, quoting Tatum v. Blackstock, 5 Cir. 1963, 319 F. 2d 397, 401-402; see Arco Fuel Oil Co. v. Atlantic Richfield Co., ......