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Sims v. Greene

United States Court of Appeals for the Third Circuit

160 F.2d 512 (1947)

Relevant factsFree

After Sims (plaintiff) obtained a temporary restraining order against Greene (defendant) over a church leadership dispute, the district court extended the order once with Greene's consent to January 14, 1947, but then extended it again on January 13 without his consent; when Greene moved to dissolve the restraint, the court directed him to withhold the motion, and Greene appealed, arguing the order had become an unlawful preliminary injunction issued without the required findings.

IssueFree

Whether a federal court may extend a temporary restraining order beyond the period specified in the Federal Rules of Civil Procedure without the restrained party's consent.

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