(DOWNLOAD) "Glasco v. Hills" by United States Court of Appeals for the Third Circuit # Book PDF Kindle ePub Free
eBook details
- Title: Glasco v. Hills
- Author : United States Court of Appeals for the Third Circuit
- Release Date : January 06, 1977
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 51 KB
Description
In A. O. Smith Corp. v. FTC, 530 F.2d 515, 525 (3d Cir. 1976), we summarized those considerations followed by an appellate court in reviewing the grant or denial of preliminary injunctions. We emphasized that the law has entrusted the power to grant or dissolve an injunction to the discretion of the trial court in the first instance, and not to the appellate court, and that unless the trial court misuses that discretion, commits an obvious error in applying the law, or makes a serious mistake in considering the proof, the appellate court must take the judgment of the trial court as presumptively correct. "This limited review is necessitated because the grant or denial . . . is almost always on an abbreviated set of facts, requiring a delicate balancing of the probabilities of ultimate success at final hearing with the consequences of immediate irreparable injury which could possibly flow from the denial of preliminary relief." United States Steel Corp. v. Fraternal Assn of Steelhaulers, 431 F.2d 1046, 1048 (3d Cir. 1970).