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MAGID v. WESTMORELAND, et al., 1926 — 15 F.2d 885 · caselaw · US
General
MAGID v. WESTMORELAND, et al.
15 F.2d 885·United States Court of Appeals for the Fifth Circuit·1926
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Opinion
MAGID v. WESTMORELAND, et al.
(Circuit Court of Appeals, Fifth Circuit.
October 6, 1926.)
No. 4900.
Appeal from the District Court of the United States for the Northern Dis°triet of Georgia; Samuel H. Sibley, Judge. ,
Por opinion below, see 15 P.(2d) 884.
Daniel W. Rountre.e, Clifford L. Anderson, and Edgar Watkins, all of Atlanta, Ga., for appellant.
H. H. Dean, of Gainesville, Ga., for appellees.
Before WALKER,- BRYAN, and POSTER, Circuit Judges.
[MAJORITY — PER' CURIAM.]
PER' CURIAM.
This is an appeal from a decree refusing 'an interlocutory injunction restraining the further prosecution of a suit instituted by the appellees 'in a Georgia state court. This injunction was- sought on the ground that the suit in the state court involved an attack on a decree of the court under which property in the court’s custody by its receiver was sold. Por reasons sufficiently stated in the opinion rendered by the District Judge (15 F.[2d] 884), we think that the state court suit did not involve any attack on or impeachment of the decree of sale, and that the prosecution of that suit was not subject to be enjoined.
The decree to that effect is affirmed.