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116 F. 354

Docket No. 1,154.

March v. Romare

Fifth Circuit Court of Appeals

Decided May 27, 1902.)

Fifth Circuit Court of Appeals · decided 1902-05-27

<p>1. Appealable Orders—Refusing Preliminary Injunction.</p> <p>Since the passage of Act June 6, 1900 (31 Stat. 660), amending sec- . tion 7 of the act creating the circuit courts of appeals, there is no statute authorizing an appeal from an order refusing a preliminary injunction.</p>

2 counsel of record

Relies on Columbia Wire Co. v. Boyce · Westinghouse Air-Brake Co. v. Christensen Engineering Co. · Rowan v. Ide

Decided 1902-05-27

¶11. Appealable Orders—Refusing Preliminary Injunction.

¶2Since the passage of Act June 6, 1900 (31 Stat. 660), amending sec- . tion 7 of the act creating the circuit courts of appeals, there is no statute authorizing an appeal from an order refusing a preliminary injunction.

¶3*355Appeal from the Circuit Court of the United States for the Northern District of Alabama.

¶4Jno. B. Knox and J. K. Dixon, for appellants.

¶5J. J. Willett and B. F. Abbott, for appellees.

¶6Before PARDEE, McCORMICK, and SHELBY, Circuit Judges.

¶7McCORMICK, Circuit Judge.

¶8This is an appeal from an interlocutory decree of the circuit court for the Northern district of Alabama (114 Fed. 201) in which it wa's “ordered, adjudged, and decreed that the prayer and motion for injunction be, and the same is hereby, overruled and denied this 19th day of February, 1902.” The law in force at the time this interlocutory decree was- rendered and at this time does not authorize an appeal from such a decree. Act of congress approved June 6, 1900 (31 Stat. 1899, 1900) p. 660; Westinghouse Air Brake Co. v. Christensen Engineering Co., 44 C. C. A. 92, 104 Fed. 622; Wire Co. v. Boyce, 44 C. C. A. 588, 104 Fed. 172; Omaha & S. W. R. Co. v. Chicago, St. P., M. & O. Ry. Co., 45 C. C. A. 474, 106 Fed. 586; Rowan v. Ide, 46 C. C. A. 214, 107 Fed. 161.

¶9As this court has no. jurisdiction to entertain this appeal, the 'same must be dismissed, and it is so ordered.

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