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HENRY v. FIRST NAT. BANK OF CLARKSDALE

No. 76-4200.

595 F.2d 291 (1979)

Aaron HENRY et al., Plaintiffs-Appellees, v. FIRST NATIONAL BANK OF CLARKSDALE et al., Defendants-Appellants, v. MISSISSIPPI ACTION FOR PROGRESS, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

May 21, 1979.

Attorney(s) appearing for the Case

Dixon L. Pyles, W. E. Gore, Jr., Crane D. Kipp, Jackson, Miss., for Claiborne Hardware, et al.

Frank Parker, Alix Sanders, Lawyer's Comm. for Civ. Rights Under Law, Jackson Miss., Robert E. Kopp, Neil H. Koslowe, Attys., Dept. of Justice, Washington, D. C., Nathaniel R. Jones, Charles E. Carter, New York City, Robert A. Murphy, William Caldwell, Lawyer's Comm. for Civ. Rights Under the Law, Washington, D. C., Dennis J. Dimsey, App. Section, Civ. Rights Div., Dept. of Justice, Washington, D. C., Allen R. Snyder, Benton R. Hammond, Vincent H. Cohen, Washington, D. C., for Aaron Henry and N.A.A.C.P.

Thomas E. Royals, Robert H. Taylor, Jr., Jackson, Miss., for Mississippi Action for Progress, Inc.

Before THORNBERRY, AINSWORTH and MORGAN, Circuit Judges.

AINSWORTH, Circuit Judge:

Serious questions of federalism are raised in this strongly contested Mississippi civil rights case, especially as concerns the right of a federal court, on constitutional grounds, to enjoin the execution of a judgment of a Mississippi state court. In this appeal we review the action of the federal district court in issuing three preliminary injunctive orders prohibiting the enforcement by state court plaintiffs of an injunction and damages...

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