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Di GIORGIO v. CAUSEY

No. 73-1814.

488 F.2d 527 (1973)

Joseph Di GIORGIO et al., Plaintiffs-Appellees, v. Leon N. CAUSEY, Sr., Judge, Circuit Court, Greene County, Mississippi, et al., etc., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

December 13, 1973.

Attorney(s) appearing for the Case

Heber Ladner, Jr., Sp. Asst. Atty. Gen., of Miss., Jackson, Miss., for Maples and Rayburn Hillman.

Horton Hillman, Leakesville, Miss., for Causey and Horton Hillman.

Dixon L. Pyles, Carolyn Gentele, Jackson, Miss., David Jaffe, Howard Schulman, New York City, for plaintiffs-appellees.

Before BELL, COLEMAN and RONEY, Circuit Judges.

COLEMAN, Circuit Judge:

In the total context, this appeal comes to us in a very odd posture.

It is not an appeal from a final judgment, 28 U.S.C., § 1291, but, rather is from an order of the United States District Court granting a preliminary injunction, 28 U.S.C., § 1292(a) (1).

So far as the record reveals, no final judgment has ever been entered. Yet the parties have briefed and argued the appeal...

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