Summary

Portrait of Potter Stewart Potter Stewart Wilson v. Schnettler — Concurrence

Mr. Justice STEWART, concurring.
I could not base affirmance of the judgment upon the ground that the petitioner's motion was technically deficient in failing to recite the talismanic phrase 'without probable cause.' Nor do I think the District Court lacked power to issue the requested injunction, either by reason of 28 U.S.C. § 2283, 28 U.S.C.A. § 2283, or the rule formulated in Harkrader v. Wadley, 172 U.S. 148, 164, 19 S.Ct. 119, 125, 43 L.Ed. 399. It seems to me that Rea v. United States, 350 U.S. 214, 76 S.Ct. 292, 100 L.Ed. 233, established that District Courts do have such power.
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