MONTGOMERY TRACTION CO. v. MONTGOMERY AMUSEMENT CO.
(Circuit Court of Appeals, Fifth Circuit.
October 30, 1905.)
No. 1,508.
Appeal from the Circuit Court of the United States for the Middle District of Alabama.
For opinion below, see 139 Fed. 353.
Phares Coleman, Massey Wilson, and Ray Rushton. for appellant.
Robt. E. Steiner, B. P. Crum, and Leon Weil, for appellee.
Before PARDEE and SHELBY, Circuit Judges, and MAXEY, District Judge.
[MAJORITY — PER CURIAM.]
PER CURIAM.
Without examining this ease now as to its merits, a majority of the court have concluded that it is not advisable or proper to interfere with the discretion of the trial court in the granting of the temporary injunction. Adhering to the construction we have heretofore given the act allowing appeals in such cases, we affirm the judgment of the Circuit Court. Lehman v. Graham, 135 Fed. 39, 67 C. C. A. 513; Railroad Commission v. J. Rosenbaum Grain Co., 130 Fed. 110, 64 C. C. A. 444; Kerr v. New Orleans, 126 Fed. 920, 61 C. C. A. 450; Massie v. Buck, 128 Fed. 27, 62 C. C. A. 535.