Nagler v. McCrory Stores Corp.

Third Circuit

Nagler v. McCrory Stores Corp.

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

Court of Appeals for the Third Circuit·Decided March 2, 1954·No. 11215·Published·Cited by 1 cases

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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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.

Nagler v. McCrory Stores Corp., 210 F.2d 469, 100 U.S.P.Q. (BNA) 334, 1954 U.S. App. LEXIS 4588 (3d Cir. 1954).

Pincite

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Opinion

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