Fenner v. Boykin, 271 U.S. 240 (1926)

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Fenner v. Boykin


No. 308


Argued May 4, 1926
Decided May 24, 1926
271 U.S. 240

APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA

Syllabus

Enforcement of a state penal statute, even of one contrary to the federal Constitution, may be interfered with by injunction orders of a federal court only in extraordinary circumstances where the danger of irreparable loss is both great and immediate. P. 243.

3 F.2d 674 affirmed.

Appeal from a judgment of the district court refusing a preliminary injunction in a suit by Fenner and others to restrain Boykin and Lowry, state officers, from enforcing a criminal law against dealings in agreements for purchase or sale of cotton for future delivery.