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United States v. Hall
United States Court of Appeals for the Fifth Circuit
472 F.2d 261 (5th Cir. 1972)
In Mims v. Duval County School Board, 329 F. Supp. 123 (M.D. Fla. 1971), the district court ordered that Duval county schools desegregate. Violence broke out at Ribault, one of the schools ordered to desegregate. The court granted a petition to restrain disruptive “outsiders” from entering school grounds. Those who violated the order would be charged with contempt. The petition named Hall (defendant) as one of the “outsiders” and Hall was served with a copy of the order. Hall violated the order by going on school grounds and the court convicted him of criminal contempt. Hall appealed his conviction on two grounds. First, Hall argued that because he was not a party to the Mims case, the court had no power to find him guilty of contempt under the common law. Second, Hall argued that under Rule 65(d) of the FRCP, the court only had authority to bind parties to the Mims case and their agents.
Rule of Law
Holding and Reasoning (Wisdom, J.)
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