UNITED STATES v. FEASTER

No. 23136.

376 F.2d 147 (1967)

UNITED STATES of America, Appellant, v. Houston H. FEASTER, individually and as Director, Alabama State Docks Department et al., Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied June 13, 1967.


Attorney(s) appearing for the Case

Vernol R. Jansen, Jr., Mobile, Ala., Alan S. Rosenthal, Robert V. Zener, Attys., Dept. of Justice, Washington, D. C., John W. Douglas, Asst. Atty. Gen., for appellant.

Willis C. Darby, Jr., Mobile, Ala., Robert P. Bradley, Asst. Atty. Gen., Montgomery, Ala., Richmond M. Flowers, Atty. Gen., for appellees.

Edward J. Hickey, Jr., Washington, D. C., James L. Highsaw, Jr. (amicus curiae), William G. Mahoney, William J. Hickey, Washington, D. C., for intervening appellant International Brotherhood of Firemen and Oilers, Helpers, Roundhouse and Railway Shop Laborers, Mulholland, Hickey & Lyman, Washington, D. C., of counsel.

Before RIVES, GEWIN, and GODBOLD, Circuit Judges.


GODBOLD, Circuit Judge:

This eight-year-old case is before us for the second time. In United States v. Feaster et al., 330 F.2d 671 (5th Cir., 1964) we held that the complaint of the United States seeking an injunction against the Alabama State Docks stated a cause of action, and reversed and remanded. On remand the District Court denied the motions of the United States for summary judgment and for a preliminary injunction.

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