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Nagler v. McCrory Stores Corp.

United States Court of Appeals, Third Circuit
Mar 2, 1954
210 F.2d 469 (3d Cir. 1954)

Opinion

No. 11215.

Argued February 15, 1954.

Decided March 2, 1954.

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 (Leverne M. Fake, Paramus, N.J., A.J. Nydick, New York City, on the brief), for appellee.

Before MARIS, KALODNER and STALEY, Circuit Judges.


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 pendency 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.


Summaries of

Nagler v. McCrory Stores Corp.

United States Court of Appeals, Third Circuit
Mar 2, 1954
210 F.2d 469 (3d Cir. 1954)
Case details for

Nagler v. McCrory Stores Corp.

Case Details

Full title:NAGLER v. McCRORY STORES CORP

Court:United States Court of Appeals, Third Circuit

Date published: Mar 2, 1954

Citations

210 F.2d 469 (3d Cir. 1954)