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PHILLIPS v. CHAS. SCHREINER BANK

No. 89-5563.

894 F.2d 127 (1990)

Andrew B. PHILLIPS, Plaintiff-Appellee, v. CHAS. SCHREINER BANK and Schreiner Bancshares, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

January 31, 1990.

Attorney(s) appearing for the Case

Sharon E. Callaway, Robert Kelly, Groce, Locke & Hebdon, San Antonio, Tex., for defendants-appellants.

Stephen Mark Murray, Murray, McClenahan & Sparr, San Antonio, Tex., Dana G. Kirk, Don M. Kennedy, Kirk & Carrigan, Houston, Tex., for plaintiff-appellee.

Before HIGGINBOTHAM, SMITH, and DUHE, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

Defendants Chas. Schreiner Bank and Schreiner Bancshares (collectively, "Schreiner Bank") seek interlocutory relief from an order forbidding them from pursuing foreclosure proceedings during the pendency of this action. Concluding that the challenged order is an injunction and that it was issued in violation of Fed.R.Civ.P. 65 and the Anti-Injunction Act, 28 U.S.C. § 2283, we reverse and...

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