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FORDSON COAL CO. v. MAGGARD

No. 4107.

2 F.2d 708 (1924)

FORDSON COAL CO. v. MAGGARD, Sheriff.

Circuit Court of Appeals, Sixth Circuit.

December 2, 1924.

Attorney(s) appearing for the Case

Cleon K. Calvert, of Pineville, Ky. (W. R. Middleton, of Detroit, Mich., and Clifford B. Longley, of Detroit, Mich., on the brief), for appellant.

William Lewis, of London, Ky. (Lewis & Lewis, of London, Ky., and Will C. Hoskins, of Hyden, Ky., on the brief), for appellee.

Before DENISON, DONAHUE, and KNAPPEN, Circuit Judges.

DENISON, Circuit Judge.

The District Court refused a preliminary injunction to prevent the collection of a tax, but continued the restraining order pending this appeal.

While it is the rule that the granting or refusing of a preliminary injunction is discretionary, yet it is equally well settled that if the plaintiff makes a case showing a reasonable probability of prevailing on the final hearing, and if his damage will be irreparable if the injunction is...

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