SOUTHEASTERN PROMOTIONS, LTD. v. CITY OF MOBILE, ALA.

No. 72-1408.

457 F.2d 340 (1972)

SOUTHEASTERN PROMOTIONS, LTD., Plaintiff-Appellant, v. CITY OF MOBILE, ALABAMA, a Municipal Corporation et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Supplemental Opinion February 29, 1972.


Attorney(s) appearing for the Case

Ronald D. Nickum, Amarillo, Tex., for plaintiff-appellant.

Fred G. Collins, James Lackey, Asst. City Atty., Mobile, Ala., for defendants-appellees.

Before GEWIN, AINSWORTH and SIMPSON, Circuit Judges.


BY THE COURT:

On consideration of appellant's motion for injunction pending appeal, the Court being of the opinion that a full and meaningful hearing of plaintiff's motion for preliminary injunction was not held in the court below;

It is ordered that the District Court's judgment denying plaintiff's motion for a preliminary injunction herein, be vacated. This case is remanded to the District Court for an immediate hearing and reconsideration of the denial...

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