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GALFAS v. CITY OF ATLANTA

No. 13657.

193 F.2d 931 (1952)

GALFAS et al. v. CITY OF ATLANTA et al.

United States Court of Appeals Fifth Circuit.

January 31, 1952.

Attorney(s) appearing for the Case

Hayden C. Covington, Brooklyn, N.Y., for appellant.

J. C. Murphy, Asst. City Atty., J. C. Savage, City Atty., J. M. B. Bloodworth, Asst. City Atty., John E. Feagin, Asst. City Atty., and Henry L. Bowden, Asst. City Atty., all of Atlanta, Ga., for appellee.

Before HUTCHESON, Chief Judge, and BORAH, and RUSSELL, Circuit Judges.

RUSSELL, Circuit Judge.

The primary question in this appeal is whether the trial Court, in the exercise of its equitable jurisdiction, committed an abuse of discretion in refusing to enjoin the City of Atlanta, through its Board of Zoning Appeals and its Building Inspector, from attempting to in anywise enforce the Zoning Ordinances of the City against the appellants. This was part of the relief for which the appellants prayed. We hold that under the circumstances...

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