PIEDMONT HEIGHTS CIVIC CLUB, INC. v. MORELAND

No. 80-7414.

637 F.2d 430 (1981)

PIEDMONT HEIGHTS CIVIC CLUB, INC., et al., Plaintiffs-Appellants, v. Thomas D. MORELAND et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit. Unit B

February 20, 1981.


Attorney(s) appearing for the Case

John R. Myer, Edgar A. Neely, Jr., Atlanta, Ga., for plaintiffs-appellants.

Anne S. Rampacek, Peter Kontio, Sidney O. Smith, Jr., Atlanta, Ga., for Central Atlanta Progress, Inc., et al., amicus curiae.

William L. Harper, U. S. Atty., Curtis Anderson, Robert J. Castellani, Asst. U. S. Attys., Arthur K. Bolton, Atty. Gen., Roland F. Matson, Asst. Atty. Gen., Robert S. Stubbs, II, Executive Asst. Atty. Gen., Don A. Langham, First Asst. Atty. Gen., Marion O. Gordon, William D. Mallard, Jr., Sp. Asst. Attys. Gen., Atlanta, Ga., Kenneth N. Weinstein, U. S. Dept. of Transp., Washington, D. C., for defendants-appellees.

Before MORGAN, ANDERSON and THOMAS A. CLARK, Circuit Judges.


LEWIS R. MORGAN, Circuit Judge:

The primary issue in this appeal is whether the district judge abused his discretion in denying the plaintiffs' motion for a preliminary injunction. We hold that the judge acted within his discretion in finding that the plaintiffs had not demonstrated a likelihood of success on the merits and that the harm to the plaintiffs was outweighed by the harm to the defendants and the public interest. We therefore affirm the decision of the...

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