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COMMODITY FUTURES TRADING COMM. v. PREFERRED CAPITAL INV.

Nos. 80-1632, 80-1731.

664 F.2d 1316 (1982)

COMMODITY FUTURES TRADING COMMISSION, Plaintiff-Appellant, v. PREFERRED CAPITAL INVESTMENT COMPANY, et al., Defendants, George W. Gramer, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

January 7, 1982.

Attorney(s) appearing for the Case

Commodity Futures Trading Commission, Chicago, Ill., Gregory C. Glynn, John G. Gaine, Glynn L. Mays, Howard L. Schwartz, Elizabeth M. Knoblock, Commodity Futures Trading Commission, Washington, D.C., for plaintiff-appellant.

David W. Elrod, Haynes & Boone Law Firm, Dallas, Tex., for Gramer.

Before BROWN, COLEMAN and RUBIN, Circuit Judges.

ALVIN B. RUBIN, Circuit Judge:

Our jurisdiction, generally limited to appeals from final decisions, extends to appeals from interlocutory orders refusing injunctions. A decision to dismiss one party from a suit seeking an injunction against several parties because of the opposing party's failure to comply with discovery orders is not an order refusing an injunction against the dismissed party. We, therefore, lack jurisdiction over this appeal from such an interlocutory...

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