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MITCHUM v. FOSTER

No. 70-27.

407 U.S. 225 (1972)

92 S.Ct. 2151

32 L.Ed.2d 705

MITCHUM, DBA BOOK MART v. FOSTER ET AL.

Supreme Court of United States.

Decided June 19, 1972.

Attorney(s) appearing for the Case

Robert Eugene Smith argued the cause for appellant. With him on the brief was Paul Shimek, Jr.

Raymond L. Marky, Assistant Attorney General of Florida, argued the cause for appellees. With him on the brief were Robert L. Shevin, Attorney General, and George R. Georgieff, Assistant Attorney General.

George F. Kugler, Jr., Attorney General of New Jersey, and Michael R. Perle and John DeCicco, Deputy Attorneys General, filed a brief for the State of New Jersey as amicus curiae.

MR. JUSTICE STEWART delivered the opinion of the Court.

The federal anti-injunction statute provides that a federal court "may not grant an injunction to stay proceedings in a State court except as expressly authorized by Act of Congress, or where necessary in aid of its jurisdiction, or to protect or effectuate its judgments."1 An Act of Congress, 42 U. S. C. § 1983, expressly authorizes...

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