State of Washington, and Port of Seattle v. Central Contractors Association

The District Court issued a Preliminary Injunction, and, confronted with exigent circumstances, amended the Injunction on November 7, 1969. The amendment, which the appellant challenges for vagueness and overbreadth, reads as follows:

We find no merit in the appellant’s first claim, to the effect that its due process rights were infringed in connection with the issuance of the amendment. The amendment was predicated upon affidavits presented by the appellees, and the appellant made no request to file, and did not file, controverting documents.

During oral argument in this court, the parties conceded that if we should find the amendment overbroad in any particular, any such defect might be corrected here. See Smith v. Grady, 411 F.2d 181 (5th Cir. 1969). In the dialogue, all counsel agreed that District Judge Lindberg was confronted with a problem of extreme urgency and that his expeditious action had likely prevented consequences of the utmost gravity. At the same time, counsel essentially agreed that the amendment might be revised in some particulars so as to cure any possible defects for overbreadth. We therefore modify the challenged amendment to the Preliminary Injunction so…