Atlantic Avenue Oil Gas, v. Texaco Refining

Full title: ATLANTIC AVENUE OIL GAS, LTD., PLAINTIFF-APPELLANT, v. TEXACO REFINING AND…

Court: United States Court of Appeals, Second Circuit

Date published: Mar 30, 1989

870 F.2d 93 (2d Cir. 1989)

Opinion

No. 889, Docket 88-9049.

Argued March 13, 1989.

Decided March 30, 1989.

Hewitt L. Rubel, New York City (Maggin Swan, New York City, of counsel), for plaintiff-appellant.

Joseph P. Foley, White Plains, N.Y., for defendant-appellee, Texaco Refining and Marketing Inc.

Richard R. Lutz, New York City (Michael S. Belohlavek, Mathew S. Rosengart, Townley Updike, New York City, of counsel), for defendant-appellee Amoco Oil Co.

Appeal from the United States District Court for the Eastern District of New York.

Before MESKILL and NEWMAN, Circuit Judges, and CONBOY,^_ District Judge.

_ Honorable Kenneth Conboy, United States District Judge for the Southern District of New York, sitting by designation.

PER CURIAM:

This is an appeal from a judgment of the United States District Court for the Eastern District of New York, Nickerson, J., denying the motion of plaintiff-appellant Atlantic Avenue Oil Gas, Ltd. for a preliminary injunction and dismissing its complaint.

The judgment of the district court is affirmed substantially for the reasons set out in Judge Nickerson's opinion below, 699 F.Supp. 27 (E.D.N.Y. 1988).