Injunction

5,622 Florida cases classified under this topic, plus 6,142 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Northwestern-Hanna Fuel Co. v. McCOMB
  166 F.2d 932· 8th Cir.· 1948-03-10 ·cited 4×
  The court held that substantial non-retail sales disqualify a business from the Fair Labor Standards Act's retail establishment exemption, and that the Portal-to-Portal Act's good faith defense does not apply to injunctions.
• United States v. Turner Dairy Co.
  166 F.2d 1· 7th Cir.· 1948-02-18 ·cited 4×·via Suit For Injunction
  A district court in an enforcement action cannot rule on the validity of an order if the handler has not first pursued administrative remedies with the Secretary of Agriculture.
• Sobel Corrugated & Wooden Box Co. v. Fleming
  165 F.2d 568· 6th Cir.· 1948-01-12 ·cited 4×
  The court held that the district court correctly found it lacked jurisdiction to consider the validity of OPA Order L-11 because Sobel failed to protest the order to the Administrator first. The court also found substantial evidence of overcharges and affirmed the allowance of do
• Cargill, Inc. v. Bd. of Trade of City of Chicago
  164 F.2d 820· 7th Cir.· 1947-12-23 ·cited 4×
  The court held that the Board of Trade's regulations enacted during an emergency, which terminated and settled futures contracts at specified prices, did not constitute illegal price-fixing or restraint of trade under the Sherman Act.
• Edgerton v. Kingsland
  168 F.2d 128· D.C. Cir.· 1947-12-04 ·cited 4×·via Mandatory Injunction
  The court held that the Commissioner of Patents' refusal to allow amendments to a patent application, based on the determination that they constituted new matter under Patent Office Rule 70, was a discretionary act not subject to compelled reversal by mandamus.
• Food v. Smiley
  164 F.2d 922· 3d Cir.· 1947-10-30 ·cited 4×·via Preliminary Injunction
  The court affirmed the denial of the motion to dissolve the preliminary injunction, finding that the state board's contention of concurrent jurisdiction was resolved by a subsequent state supreme court ruling.
• Williams v. Bullington
  159 Fla. 618· Fla.· 1947-10-24 ·cited 4×
  The court held that the employer (Waterman company) cannot recoup payments made to an injured seaman from the tort-feasor railroad.
• Atl. Coast Line R.R. Co. v. Kickliter
  159 Fla. 516· Fla.· 1947-10-14 ·cited 4×·via Temporary Injunction
  The Florida Supreme Court affirmed an interlocutory decree that temporarily enjoined the Atlantic Coast Line Railroad Company from constructing a railway on certain city streets. The court denied review of a cross-appeal regarding adverse possession by another company, deferring
• In re Cent. R. Co. of N.J.
  163 F.2d 44· 3d Cir.· 1947-07-15 ·cited 4×
  The court held that a state court's injunction against state officials does not affect a federal bankruptcy court's authority, and the bankruptcy court's decision to decline participation in state litigation was a proper exercise of discretion.
• United States v. Turner Dairy Co.
  162 F.2d 425· 7th Cir.· 1947-06-20 ·cited 4×·via Mandatory Injunction
  The court held that it had jurisdiction to enter a mandatory injunction compelling payment of amounts due under the Agricultural Marketing Agreement Act, even if not explicitly prayed for in the original complaint, when such relief was incidental to the main action and necessary
• Consol. Naval Stores Co. v. Hendry
  158 Fla. 865· Fla.· 1947-05-09 ·cited 4×
  Consolidated Naval Stores Company challenged a county's budget that underestimated race track tax revenues to justify imposing higher ad valorem taxes on its property. The Florida Supreme Court reversed, holding that county officials must estimate race track revenues on a rationa
• Bakery Sales Drivers Local Union NO. 33 v. Wagshal
  161 F.2d 380· D.C. Cir.· 1947-04-28 ·cited 4×
  The court held that the Norris-LaGuardia Act applies to cases involving labor disputes, regardless of the perceived legitimacy of the objectives or the legality of the conduct.
• McCOY v. Fleming
  160 F.2d 4· 5th Cir.· 1947-02-26 ·cited 4×
  The court held that the defendant's failure to prove he took practicable precautions against violations meant treble damages were permissible, and the variance claim was waived.
• Aerated Prods. Co. of Philadelphia v. Dep't of Health of N.J.
  159 F.2d 851· 3d Cir.· 1947-02-14 ·cited 4×·via Suit For Injunction
  The court affirmed the dismissal of the suit against the Department of Health based on the Eleventh Amendment and affirmed the judgment for Mahaffey, finding no action taken or threatened that would justify an injunction.
• Fleming v. Richter
  159 F.2d 792· 2d Cir.· 1947-02-10 ·cited 4×·via Action For Injunction
  A violation of the price line control established by Revised Maximum Price Regulation No. 287 constitutes a violation of a maximum price, entitling the Administrator to seek statutory damages.
• Barnes v. Bowles
  157 F.2d 790· 5th Cir.· 1946-10-25 ·cited 4×
  The court held that the evidence supported the trial court's findings that the coal overcharges and deliveries were conducted by the defendant and his sister as a pretense to evade price regulations, and that these violations were wilful.
• McCULLOUGH v. Kammerer Corp.
  156 F.2d 343· 9th Cir.· 1946-06-29 ·cited 4×
  The denial of a motion to dismiss a patent misuse claim, which was presented to the lower court with the power to decide it, constitutes a final decision on that dominant issue, except for an accounting, and is therefore appealable.
• Moseley v. United States Appliance Corp.
  155 F.2d 25· 9th Cir.· 1946-04-23 ·cited 4×
  The court held that the licensing of a patent for an infringing device, along with the formation and use of a corporation to facilitate this licensing, constitutes patent infringement for which the individuals involved are liable.
• Nat'l Labor Relations Bd. v. Kinner Motors, Inc.
  152 F.2d 816· 9th Cir.· 1945-12-29 ·cited 4×·via Scope Of Injunctions
  The court held that the National Labor Relations Board's order to cease and desist from interfering with employees' rights was overly broad and should be amended by striking the omnibus paragraph. The court also affirmed the Board's order for reinstatement of discharged employees
• Taylor v. Bowles
  152 F.2d 311· 9th Cir.· 1945-12-17 ·cited 4×·via Permanent Injunction
  The court held that an order adjudging parties in contempt for violating a permanent injunction, which was remedial in nature, is interlocutory and not immediately appealable.
• Greer v. Cline
  148 F.2d 380· 6th Cir.· 1945-03-26 ·cited 4×
  The court held that the War Food Administrator's discretionary assignment of inspectors was not an abuse of power, and the subordinate official could be enjoined without joining the Administrator if the action was void, but here it was not.
• Roig v. People of Puerto RICO
  147 F.2d 87· 1st Cir.· 1945-01-29 ·cited 4×
  A sugar mill, even if it grinds only its own cane, can be compelled to obtain a franchise under the Puerto Rican Sugar Act as a valid exercise of the legislature's power to regulate businesses affected with a public interest.
• Nat'l War Labor Bd. v. United States Gypsum Co.
  145 F.2d 97· D.C. Cir.· 1944-10-23 ·cited 4×
  The court held that the National War Labor Board's directive order was not enforceable or reviewable, and that any reports made by the Board are merely advisory and not subject to judicial review.
• Bowles v. Sisk
  144 F.2d 163· 4th Cir.· 1944-07-27 ·cited 4×
  The court held that merchandise brokers acting as agents for buyers, even if paid by the buyer, are still brokers within the meaning of the Maximum Price Regulation and subject to its provisions.
• Bowles v. Good Luck Glove Co.
  143 F.2d 579· 7th Cir.· 1944-06-28 ·cited 4×·via Preliminary Injunction
  The court affirmed the denial of a preliminary injunction, finding the question of mootness was not determinable from the record.
• Indep. Dairymen's Ass'n, Inc. v. City & Cnty. of Denver
  142 F.2d 940· 10th Cir.· 1944-05-15 ·cited 4×
  The court held that the ordinance prohibiting milk sales in certain bottle sizes was a proper exercise of the city's police power and had a rational basis related to public health.
• Fredericka Lucian v. THE S. Ohio Sav. Bank & Tr. Co.
  154 Fla. 442· Fla.· 1944-05-12 ·cited 4×·via Interlocutory Injunction
  The Florida Supreme Court addresses whether a trial court had jurisdiction over a nonresident defendant in a divorce case where the defendant contested jurisdiction but actively participated in the litigation through counsel. The majority opinion (not provided) apparently held th
• Smith v. City OF Winter Haven
  154 Fla. 439· Fla.· 1944-05-09 ·cited 4×
  The court held that taxpayers are not barred by laches or prior judgments from challenging unlawful tax assessments, especially when the lands are not benefited by municipal inclusion and no proper tax equalization board exists.
• Minn. Mining & Mfg. Co. v. COE
  143 F.2d 12· D.C. Cir.· 1944-05-01 ·cited 4×·via Mandatory Injunction
  The court held that the Patent Office did not abuse its discretion in refusing to enter amended patent claims after a final rejection, as the amendments were not for clarifying issues on appeal.
• Country Garden Mkt., Inc. v. Bowles
  141 F.2d 540· D.C. Cir.· 1944-03-06 ·cited 4×
  The court held that the Office of Price Administration had the authority to issue the suspension order based on substantial evidence and sufficient notice.
• Walling v. Acosta
  140 F.2d 892· 1st Cir.· 1944-02-21 ·cited 4×
  The court held that the trial judge erred by discharging the rule to show cause without allowing the appellant to present evidence on the employer-employee relationship, and by failing to make findings on violations of the injunction.
• Fed. Land Bank of Houston v. Miles Nat. Farm Loan Ass'n
  139 F.2d 422· 5th Cir.· 1943-12-08 ·cited 4×
  The court held that the Bank has the primary right to collect loans and can revoke the Association's servicing contract and direct borrowers to pay its own representative.
• Mut. Life Ins. Co. of N.Y. v. Holly
  135 F.2d 675· 7th Cir.· 1943-05-24 ·cited 4×·via Writ Of Injunction
  Mandamus will not lie to compel a district judge to vacate an order remanding a cause to state court, nor does the appellate court have original jurisdiction to issue such writs.
• Commonwealth Edison Co. v. Nat'l Labor Relations Bd.
  135 F.2d 891· 7th Cir.· 1943-05-22 ·cited 4×·via Scope Of Injunctions
  The court held that the Board's order finding the petitioner guilty of unfair labor practices in dominating and interfering with the Utility Employes Union (U.E.U.) was not supported by substantial evidence, and that the cease and desist order was overly broad.
• Interstate Commerce Comm'n v. Keeshin Motor Express Co., Inc.
  134 F.2d 228· 7th Cir.· 1943-03-15 ·cited 4×·via Injunction Scope
  The court held that a broad injunction against a motor carrier charging less or more than its filed tariffs was justified, even if initial violations were limited in scope, because similar violations could be anticipated.
• Roof v. Conway
  133 F.2d 819· 6th Cir.· 1943-02-10 ·cited 4×·via Suit For Injunction
  A federal court receiver may bring an ancillary suit to enjoin parties from attacking the validity of rights and contracts related to a subsidiary corporation, especially when the subsidiary is deemed an instrumentality of the receivership estate.
• Schwartz v. Horowitz
  131 F.2d 506· 2d Cir.· 1942-11-25 ·cited 4×
  The bankruptcy court had summary jurisdiction to join a partial assignee as a party because the obligors consented and the assignee had sufficient 'control' over the chose in action. However, it lacked grounds to enjoin the assignee's prior state court action.
• Timetrust, Inc. v. Sec. & Exch. Comm'n
  130 F.2d 214· 9th Cir.· 1942-07-31 ·cited 4×
  The court held that the case must be remanded for a specific finding of fact on whether the defendants devised a fraudulent scheme, as the trial court improperly converted a factual finding into a conclusion of law.
• Fieldcrest Dairies, Inc. v. City OF Chicago
  122 F.2d 132· 7th Cir.· 1941-08-04 ·cited 4×
  The dissenting judge believes the ordinance should be sustained, disagreeing with the majority's conclusion that it violates public policy.
• Berger v. Ohlson
  120 F.2d 56· 9th Cir.· 1941-05-14 ·cited 4×
  The court held that the City Dock is part of the Alaska Railroad Terminal Reserve, owned by the United States, and thus the appellees, as officials of the railroad, had the authority to prevent the appellant from using it without paying wharfage fees.
• Wagner Sign Serv., Inc. v. Midwest News Reel Theatres, Inc.
  119 F.2d 929· 7th Cir.· 1941-04-18 ·cited 4×·via Preliminary Injunction
  A patentee who has obtained a decree for an accounting of profits and damages, with a supersedeas bond assuring payment, cannot enjoin a customer who is merely a user of the infringing device, as the bond provides assurance of compensation equivalent to actual payment.
• Graham v. Fed. Tender Bd. NO. 1
  118 F.2d 8· 5th Cir.· 1941-03-04 ·cited 4×·via Mandatory Injunction
  The court held that the Federal Tender Board could use its statutory subpoena power and seek court compulsion for testimony, even though the Act also provided for mandatory injunctions.
• In re 4145 Broadway Hotel Co. Thomas v. Rossetter
  117 F.2d 639· 7th Cir.· 1941-02-11 ·cited 4×
  The court held that the appellant's actions in violating a prior injunction were void and that the lower court did not err in authorizing the loan and enjoining further interference.
• Gillett v. Colson
  144 Fla. 377· Fla.· 1940-10-08 ·cited 4×
  The Florida Supreme Court reviewed a circuit court decision that permanently enjoined enforcement of a 1935 beauty culture licensing statute against certain qualified teachers. The Court reversed, holding that while one fee provision was unconstitutionally discriminatory and void
• City of Miami Beach v. The Tex. Co.
  130 Fla. 580· Fla.· 1938-01-08 ·cited 4×·via Temporary Injunction
  The Florida Supreme Court affirmed a lower court's decision to deny a motion to dismiss and grant a temporary injunction against a Miami Beach ordinance that prohibited the bulk storage of gasoline. The court found the bill had equity and deferred further discussion until after a
• Brady v. Scott
  128 Fla. 582· Fla.· 1937-06-02 ·cited 4×
  The appellate court affirmed the lower court's decision to dissolve a temporary injunction and dismiss a bill of complaint. The complainant sought to enjoin an eviction proceeding but failed to comply with statutory requirements for paying court costs. The court determined the co
• Draughon v. Shultz
  127 Fla. 501· Fla.· 1937-03-23 ·cited 4×
  A Florida tax clerk sold a state tax certificate for less than its statutory face amount by basing the purchase price on a subsequently lowered property valuation rather than the original 1931 valuation. The Florida Supreme Court held that the clerk must collect the full face amo
• Nathan Mayo as Commissioner of Agriculture v. Fla. Grapefruit Growers Protective Ass'n
  123 Fla. 277· Fla.· 1936-03-13 ·cited 4×·via Interlocutory Injunction
  The Florida Supreme Court vacated a final decree and remanded the case for reconsideration in light of new legislation. The court noted that subsequent acts might have modified or repealed the statute under which the original decree was issued.
• M. F. S. Land Co. v. J. Ray Arnold Cypress Co. & R. L. Dowling
  103 Fla. 732· Fla.· 1931-11-30 ·cited 4×
  The appellate court dismissed an appeal from an order dissolving a temporary injunction because the injunction would have expired before the appeal could be heard, rendering the appeal moot. The court emphasized that appeals should not be pursued when no practical relief can be g
• Hillsborough Cnty. v. Pal Mere, Inc.
  101 Fla. 736· Fla.· 1931-05-29 ·cited 4×
  The Florida Supreme Court held that county commissioners exceeded their authority by waiving liquidated damages for a contractor's delay in completing a highway paving project, because doing so would prejudice taxpayers whose properties were subject to special assessments for the