ASSOCIATED THEATRES, INC. v. WADE

No. 73-2993 Summary Calendar.

487 F.2d 1221 (1973)

ASSOCIATED THEATRES, INC., Plaintiff-Appellee, v. Henry WADE, etc., et al., etc., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

December 7, 1973.


Attorney(s) appearing for the Case

Henry Wade, Crim. Dist. Atty., Gerald Weatherly, Asst. Crim. Dist. Atty., Harvey Jay Ethington, John H. Hagler, Dallas, Tex., for defendants-appellants.

Mike Aranson, Tony Kaufman, Dallas, Tex., for plaintiff-appellee.

Before THORNBERRY, GODBOLD and RONEY, Circuit Judges.


RONEY, Circuit Judge:

We hold that we have no jurisdiction to review a preliminary injunction issued by a single judge on an appeal taken subsequent to the designation of a three-judge district court to hear the case.

After requesting and receiving the appointment of a three-judge court, the District Judge, by the authority given him in 28 U.S.C.A. § 2284(3),1 preliminarily enjoined the enforcement of a temporary restraining...

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