MTM, Inc. v. Baxley
420 U.S. 799 (1975)

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U.S. Supreme Court

MTM, Inc. v. Baxley, 420 U.S. 799 (1975)

MTM, Inc. v. Baxley

No. 73-1119

Argued December 10, 1974

Decided March 25, 1975

420 U.S. 799

Syllabus

This Court has no jurisdiction over an appeal under 2 U.S.C. § 1253 from a three-judge District Court's order denying injunctive relief against enforcement of a state court temporary injunction under the Alabama nuisance statute closing appellant's theater, where the three-judge court did not reach the merits of appellant's constitutional attack on the nuisance statute, but instead based its order on the impropriety of federal intervention in the state proceedings.

365 F.Supp. 1182, vacated and remanded.

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