Nagler v. McCrory Stores Corp., 210 F.2d 469 (3d Cir. 1954). · Go Syfert
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Nagler v. McCrory Stores Corp., 210 F.2d 469 (3d Cir. 1954). Cases Citing This Book View Copy Cite
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NAGLER
v.
McCRORY STORES CORP.
11215.
Court of Appeals for the Third Circuit.
Mar 2, 1954.
Published opinion
210 F.2d 469
1954 U.S. App. LEXIS 4588
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.
Maris, Kalodner, Staley.
Cited by 1 opinion  |  Published
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.