Semmes Motors, Inc., suing on behalf of itself and together with Ford Dealers Alliance, Inc., et al., Plaintiffs, v. Ford Motor Co. Defendant, 429 F.2d 1197

Summary

Defendant appealed an order from the district court denying defendant's motion to stay the proceeding pending resolution of a prior proceeding involving the parties. Defendant also appealed the granting of an injunction. The appeals court reversed in part holding that the district court abused its power in refusing to stay the second proceeding pending resolution of the first proceeding involving the same parties. According to the appeals court, the general rule was that in the absence of sound reasons the second action should give way to the first. The appeals court affirmed in part holding that plaintiff met its burden of proof as to the injunction. The appeals court held that the temporary injunction did not depend on a likelihood of success. It was necessary only that plaintiff raised questions going to the merits so serious, substantial, difficult and doubtful, as to make them a fair ground for litigation.