Wilson v. Schnettler/Concurrence Stewart

From Wikisource
Jump to navigation Jump to search
919163Wilson v. Schnettler — ConcurrencePotter Stewart
Court Documents
Case Syllabus
Opinion of the Court
Concurring Opinion
Stewart
Dissenting Opinion
Douglas

United States Supreme Court

365 U.S. 381

Wilson  v.  Schnettler

 Argued: Dec. 15, 1960. --- Decided: Feb 27, 1961


Mr. Justice STEWART, concurring.

I could not base affirmance of the judgment upon the ground that the petitioner's motion was technically deficient in failing to recite the talismanic phrase 'without probable cause.' Nor do I think the District Court lacked power to issue the requested injunction, either by reason of 28 U.S.C. § 2283, 28 U.S.C.A. § 2283, or the rule formulated in Harkrader v. Wadley, 172 U.S. 148, 164, 19 S.Ct. 119, 125, 43 L.Ed. 399. It seems to me that Rea v. United States, 350 U.S. 214, 76 S.Ct. 292, 100 L.Ed. 233, established that District Courts do have such power.

But I join in affirming the judgment. The petitioner has failed to state a case warranting equitable relief under the standards of Stefanelli v. Minard, 342 U.S. 117, 122, 72 S.Ct. 118, 121, 96 L.Ed. 138, and Douglas v. City of Jeannette, Pa., 319 U.S. 157, 163, 63 S.Ct. 877, 881, 87 L.Ed. 1324. As the Court's opinion points out, the factors which justified the issuance of an injunction in Rea are not present here.

Mr. Justice DOUGLAS, with whom THE CHIEF JUSTICE and Mr. Justice BRENNAN concur, dissenting.

Notes

[edit]

This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).

Public domainPublic domainfalsefalse