U.S. Court of Appeals for the Third Circuit, 1954

Nagler v. McCrory Stores Corp.

U.S. Court of Appeals for the Third Circuit · Decided March 2, 1954 · Maris, Kalodner, Staley

210 F.2d 469; 100 U.S.P.Q. (BNA) 334; 1954 U.S. App. LEXIS 4588 (Federal Reporter, Second Series)

Counsel

W. Brown Morton, Jr., New York City (Pennie, Edmonds, Morton, Barrows & Taylor and Stanton T. Lawrence, Jr., New York City, on the brief), for appellant., W. Lee Helms, New York City (Le-verne M. Fake, Paramus, N. J., A. J. Nydick, New York City, on the brief), for appellee.

Cases that cite this one

1 later published case cites this decision.

Henry K. Tourneau and Tourneau, Inc. v. Tishman & Lipp (2d Cir. 1954)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

PER CURIAM.

This is an appeal by the plaintiff from an order of the district court denying his motion for a preliminary injunction in a civil action for unfair competition. To support the granting of such extraordinary relief there must be a showing of irreparable injury during the penden-cy of the action. Murray Hill Restaurant v. Thirteen Twenty One Locust, 3 Cir., 1938, 98 F.2d 578. Here, as the district court properly found, there was no proof of irreparable injury. It follows that the court did not err in denying the preliminary injunction sought by the plaintiff.

The order of the district court will be affirmed.

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