When will a federal district court order an interim injunction to prevent an action from being brought before a federal judge?

MultiRegion, United States of America

The following excerpt is from United States v. PROFESSIONAL AIR TRAF. CON. ORG.(PATCO), 438 F.2d 79 (2nd Cir. 1970):

Appellees further contend that paragraph III of the injunction is necessary to protect the court's jurisdiction over the action before it, citing 28 U.S.C. 1651 (1964), and to preserve the "status quo" pending a final determination of the dispute. Although two of our sister circuits have been persuaded by this rationale in affirming substantially similar actions taken by district courts, United States of America v. Plasch, (7th Cir. July 10, 1970); United States of America v. Moore, 427 F.2d 1020 (10th Cir. June 8, 1970) (but see dissenting opinion of Breitenstein, C.J.); we respectfully decline to follow their lead.

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