A.L.K. Corp. v. Columbia Pictures Indus., Inc., 440 F.2d 761 (3rd Cir. 1971). · Go Syfert
A.L.K. Corp. v. Columbia Pictures Indus., Inc., 440 F.2d 761 (3rd Cir. 1971). Cases Citing This Book View Copy Cite
118 citation events (20 in the last 25 years) across 23 distinct courts.
Strongest positive: WILLIAMS v. HARRY (pawd, 2023-06-23)
Treatment trajectory · 1971 → 2026 · click a year to view as-of
1971 1998 2026
Top citers, strongest first. 50 distinct citers.
cited Cited as authority (rule) WILLIAMS v. HARRY
W.D. Pa. · 2023 · confidence medium
Corp. v. Columbia Pictures Indus., Inc., 440 F.2d 761, 763 (3d Cir.1971)).
cited Cited as authority (rule) CARLA CAIN v. CINDY BASS
E.D. Pa. · 2022 · confidence medium
Corp. v. Columbia Pictures Industries, Inc., 440 F.2d 761, 764 (3d Cir. 1971).
cited Cited as authority (rule) MINEHAN v. MCDOWELL
E.D. Pa. · 2022 · confidence medium
Corp. v. Columbia Pictures Industries, Inc., 440 F.2d 761, 764 (3rd Cir.1971).
discussed Cited as authority (rule) DOE 1 v. PERKIOMEN VALLEY SCHOOL DISTRICT
E.D. Pa. · 2022 · confidence medium
Corp. v. Columbia Pictures Indus., Inc., 440 F.2d 761, 764 (3d Cir. 1971) (loss of contractual licensing rights was not 84 Indeed, one of the “reasonable measures” that prevented the Third Circuit from finding a violation of the ADA in Ridley was the school’s requirement that all the children in the plaintiff’s class wash their hands before and after meals to protect her from an allergic reaction.
cited Cited as authority (rule) CLP ASSOCIATES, LLC v. SENECA INSURANCE COMPANY, INC.
W.D. Pa. · 2020 · confidence medium
Corp. v. Columbia Pictures Indus., Inc., 440 F.2d 761, 763 (3d Cir. 1971)).
discussed Cited as authority (rule) Sekerke v. Leo
S.D. Cal. · 2020 · confidence medium
Corp. v. Columbia Pictures Indus., Inc., 440 F.2d 761, 763 (3d Cir. 1971). 21 District courts exercise this discretion according to a four-factor test mandated by 22 traditional principles of equity. eBay Inc. v. MercExchange, L.L.C., 547 U.S. 388 , 391 23 (2006).
discussed Cited as authority (rule) Sekerke v. Leo
S.D. Cal. · 2020 · confidence medium
Corp. v. Columbia Pictures Indus., Inc., 440 F.2d 761, 763 (3d Cir. 1971). 22 District courts exercise this discretion according to a four-factor test mandated by 23 traditional principles of equity. eBay Inc. v. MercExchange, L.L.C., 547 U.S. 388 , 391 24 (2006).
discussed Cited as authority (rule) Sekerke v. Leo
S.D. Cal. · 2020 · confidence medium
Corp. v. Columbia Pictures Indus., Inc., 440 F.2d 761, 763 (3d Cir. 1971). 14 District courts exercise this discretion according to a four-factor test mandated by 15 traditional principles of equity. eBay Inc. v. MercExchange, L.L.C., 547 U.S. 388, 391 , 16 126 S.Ct. 1837 , 164 L.Ed.2d 641 (2006).
cited Cited as authority (rule) Colleen Reilly v. City of Harrisburg
3rd Cir. · 2017 · confidence medium
Corp. v. Columbia Pictures Indus., Inc., 440 F.2d 761, 763 (3d Cir. 1971) (Seitz, C.J.); Ikirt v. Lee Nat’l Corp., 358 F.2d 726, 727 (3d Cir. 1966).
discussed Cited as authority (rule) Tri-CountyWholesale Distributors, Inc. v. Wine Group, Inc. (2×)
6th Cir. · 2012 · confidence medium
Corp. v. Columbia Pictures Indus., Inc., 440 F.2d 761, 764 (3d Cir.1971).
discussed Cited as authority (rule) Eskridge Research Corp. v. United States
Fed. Cl. · 2010 · confidence medium
Corp. v. Columbia Pictures Indus., Inc., 440 F.2d 761, 763 (3d Cir.1971)). “[W]hen analyzing the likelihood of success factor, the trial court, after considering all the evidence available at this early stage of the litigation, must determine whether it is more likely than not that the challenger will be able to prove at trial” the validity of its claim.
cited Cited as authority (rule) Akal Security, Inc. v. United States
Fed. Cl. · 2009 · confidence medium
Corp. v. Columbia Pictures Indus., Inc., 440 F.2d 761, 763 (3d Cir.1971).
discussed Cited as authority (rule) Dominion Video Satellite, Inc. v. EchoStar Satellite Corp. (2×)
10th Cir. · 2004 · confidence medium
Corp. v. Columbia Pictures Inds., Inc., 440 F.2d 761, 763-64 (3d Cir.1971) (violation of exclusive licensing agreement not irreparable harm where no injury to goodwill was demonstrated and damages could be calculated); Mountain Med.
cited Cited as authority (rule) Bannum, Inc. v. United States
Fed. Cl. · 2003 · confidence medium
Miller & Mary Kay Kane, § 2948.3; A.L.K Corp. v. Columbia Pictures Indus., Inc., 440 F.2d 761, 763 (3d Cir.1971).
cited Cited as authority (rule) Merrill Lynch, Pierce, Fenner & Smith, Inc. v. Chamberlain
M.D. Penn. · 2001 · confidence medium
Columbia Pictures Indus., Inc., 440 F.2d 761, 763 (3d Cir.1971).
cited Cited as authority (rule) OAO Corp. v. United States
Fed. Cl. · 2001 · confidence medium
Miller & Mary Kay Kane § 2948.3; AL.K Corp. v. Columbia Pictures Indus., Inc., 440 F.2d 761, 763 (3d Cir.1971); King v. Saddleback Junior Coll.
cited Cited as authority (rule) Olmeda v. Schneider
D.V.I. · 1995 · confidence medium
Inc., 440 F.2d 761, 763 (3d Cir. 1971).
discussed Cited as authority (rule) Frank E. Acierno v. New Castle County
3rd Cir. · 1994 · confidence medium
In order to obtain a preliminary injunction, “ ‘the moving party must generally show: (1) a reasonable probability of eventual success in the litigation, and (2) that it will be irreparably injured pendente lite if relief is not granted to prevent a change in the status quo.’ ” Delaware River Port Auth. v. Transamerican Trailer Transp., Inc., 501 F.2d 917, 919-20 (3d Cir.1974) (quoting A.L.K Corp. v. Columbia Pictures Indus., Inc., 440 F.2d 761, 763 (3d Cir.1971)).
cited Cited as authority (rule) Acierno v. New Castle Co.
3rd Cir. · 1994 · confidence medium
Corp. v. Columbia Pictures Indus., Inc., 440 F.2d 761, 763 (3d Cir. 1971)).
cited Cited as authority (rule) Pulcinella v. Ridley Township
E.D. Pa. · 1993 · confidence medium
Corp. v. Columbia Pictures Industries, Inc., 440 F.2d 761, 763 (3d Cir.1971).
cited Cited as authority (rule) United States v. Franchi
W.D. Pa. · 1991 · confidence medium
Corporation v. Columbia Pictures Indus., Inc., 440 F.2d 761, 763 (3d Cir.1971).
cited Cited as authority (rule) Ortho Pharmaceutical Corporation v. Amgen, Inc.
3rd Cir. · 1989 · confidence medium
Corp. v. Columbia Pictures Industries, Inc., 440 F.2d 761, 763 (3d Cir.1971).
cited Cited as authority (rule) Loretangeli v. Critelli
3rd Cir. · 1988 · confidence medium
Corporation v. Columbia Pictures Industries, Inc., 440 F.2d 761, 764 (3d Cir.1971).
discussed Cited as authority (rule) Loretangeli v. Critelli
3rd Cir. · 1988 · confidence medium
Corporation v. Columbia Pictures Industries, Inc., 440 F.2d 761, 764 (3d Cir.1971). 52 The district court found that there was "a real possibility of harm to the Federation if an injunction is issued abruptly halting the assistance locals 17 and 195 have received for years." The court concluded that this possibility outweighed any harm to the plaintiffs, particularly since it was unlikely that the plaintiffs would be able to prove that the rebate payments were unconstitutional.
cited Cited as authority (rule) Drabbant Enterprises, Inc. v. Great Atlantic & Pacific Tea Co.
D. Del. · 1988 · confidence medium
Corporation v. Columbia Pictures Industries, Inc., 440 F.2d 761, 763 (3d Cir.1971).
discussed Cited as authority (rule) Francine Marxe v. C.W. Jackson, C.E. Yates, and at & T Communications, Inc.
3rd Cir. · 1988 · confidence medium
Corp. v. Columbia Pictures Industries, Inc., 440 F.2d 761, 764 (3rd Cir.1971) (“The injury contemplated by the denial of a preliminary injunction must be actual and of serious consequence, not merely theoretical.”); Jenny v. Crase, 13 Fed.Cas. 547 (C.C.D.C.1807) (No. 7,285) (injunction refused because “plaintiff merely states her apprehension”).
cited Cited as authority (rule) Lorentangeli v. Critelli
D.N.J. · 1987 · confidence medium
Corp. v. Columbia Pictures Industries, 440 F.2d 761, 764 (3d Cir.1971). 3.
cited Cited as authority (rule) Ecri, a Nonprofit Pennsylvania Corporation v. McGraw Inc., McGraw Information Systems Co., and McGraw Book Co.
3rd Cir. · 1987 · confidence medium
Corp. v. Columbia Pictures & Indus., Inc., 440 F.2d 761, 763 (3d Cir.1971) (citing 4 J.
discussed Cited as authority (rule) Lawson Products, Inc. v. Avnet, Inc.
7th Cir. · 1986 · confidence medium
Corp. v. Columbia Pictures Industries, 440 F.2d 761, 763 (3d Cir.1971) ("In applying these criteria, a district court must have considerable discretion because of the infinite variety of situations which may confront it.
discussed Cited as authority (rule) Lawson Products, Inc. v. Avnet, Inc.
7th Cir. · 1986 · confidence medium
Corp. v. Columbia Pictures Industries, 440 F.2d 761, 763 (3d Cir.1971) (“In applying these criteria, a dis trict court must have considerable discretion because of the infinite variety of situations which may confront it.
cited Cited as authority (rule) Hancock Industries v. Schaeffer
E.D. Pa. · 1985 · confidence medium
Corp. v. Columbia Pictures Indus., Inc., 440 F.2d 761, 763 (3d Cir.1971).
cited Cited as authority (rule) American College of Obstetricians & Gynecologists v. Thornburgh
E.D. Pa. · 1985 · confidence medium
Corp. v. Columbia Pictures Indus., Inc., 440 F.2d 761, 763 (3d Cir.1971).
discussed Cited as authority (rule) Roland MacHinery Company v. Dresser Industries, Inc. (2×)
7th Cir. · 1984 · confidence medium
Corp. v. Columbia Pictures Industries, Inc., 440 F.2d 761, 763 (3d Cir.1971).
cited Cited as authority (rule) Sovereign Order of Saint John of Jerusalem-Knights by Coleman v. Messineo
E.D. Pa. · 1983 · confidence medium
Corp. v. Columbia Pictures Indus., Inc., 440 F.2d 761, 763 (3d Cir.1971).
discussed Cited as authority (rule) ca3 1982
3rd Cir. · 1982 · confidence medium
Corp. v. Columbia Pictures Industries, Inc., 440 F.2d 761, 763 (3d Cir. 1971), the teachings of this court's decision in United States v. 47 Bottles, More or Less, 320 F.2d 564 (3d Cir.), cert. denied sub nom., Schere v. United States, 375 U.S. 953 , 84 S.Ct. 444 , 11 L.Ed.2d 313 (1963) and the Supreme Court's decision in Albemarle Paper Co. v. Moody, 422 U.S. 405 , 95 S.Ct. 2362 , 45 L.Ed.2d 280 (1975), lead us to conclude that apart from any other consideration, the district court improperly exercised its discretion when it ordered A&B to pay back royalties. 66 In United States v. 47 Bottles…
discussed Cited as authority (rule) Arthur Treacher's Fish & Chips, Inc. v. A & B Management Corp.
3rd Cir. · 1982 · confidence medium
Corp. v. Columbia Pictures Industries, Inc., 440 F.2d 761, 763 (3d Cir. 1971), the teachings of this court’s decision in United States v. 47 Bottles, More or Less, 320 F.2d 564 (3d Cir.), cert. denied sub nom., Schere v. United States, 375 U.S. 953 , 84 S.Ct. 444 , 11 L.Ed.2d 313 (1963) and the Supreme Court’s decision in Albemarle Paper Co. v. Moody, 422 U.S. 405 , 95 S.Ct. 2362 , 45 L.Ed.2d 280 (1975), lead us to conclude that apart from any other consideration, the district court improperly exercised its discretion when it ordered A&B to pay back royalties.
cited Cited as authority (rule) Florida Coin Exchange v. Film Corp. of America
E.D. Pa. · 1981 · confidence medium
Corp. v. Columbia Pictures Industries, Inc., 440 F.2d 761, 763 (3d Cir. 1971); Rumbaugh v. Beck, 491 F.Supp. 511, 518 (E.D.Pa.1980).
discussed Cited as authority (rule) Arthur Treacher's Fish & Chips, Inc. v. A&B Management Corp.
E.D. Pa. · 1981 · confidence medium
Corporation v. Columbia Pictures Industries, Inc., 440 F.2d 761, 763 (3d Cir. 1971) (district court must have considerable discretion in deciding preliminary injunction motion because of the infinite variety of situations which may confront it); Tanner Motor Livery, Ltd. v. Avis, Inc., 316 F.2d 804, 809 (9th Cir.) cert. denied, 375 U.S. 821 , 84 S.Ct. 59 , 11 L.Ed.2d 55 (1963) (“The infinite variety of situations in which a court of equity may be called upon for interlocutory injunctive relief requires that the court have considerable discretion in fashioning such relief”).
cited Cited as authority (rule) Goodman v. DeAzoulay
E.D. Pa. · 1981 · confidence medium
Corp. v. Columbia Pictures Industries, Inc., 440 F.2d 761, 764 (3d Cir. 1971).
cited Cited as authority (rule) Diamond Shamrock Corp. v. Edwards
D. Del. · 1981 · confidence medium
Corp. v. Columbia Pictures, Inc., 440 F.2d 761, 763 (3d Cir. 1971).
cited Cited as authority (rule) Crane Co. v. Harsco Corp.
D. Del. · 1981 · confidence medium
Corp. v. Columbia Pictures Industries, Inc., 440 F.2d 761, 764 (3d Cir. 1971).
cited Cited as authority (rule) In Re Burke
Bankr. E.D. Pa. · 1980 · confidence medium
Corp. v. Columbia Pictures, Inc., 440 F.2d 761, 763 (3d Cir. 1971).
cited Cited as authority (rule) American Hospital Ass'n v. Harris
N.D. Ill. · 1979 · confidence medium
Corp. v. Columbia Pictures Indus., Inc., 440 F.2d 761, 764 (3d Cir. 1971).
discussed Cited as authority (rule) Hummel v. Brennan (2×)
E.D. Pa. · 1979 · confidence medium
Corporation v. Columbia Pictures Industries, Inc., 440 F.2d 761, 764 (3d Cir. 1971); Miller v. American Telephone & Telegraph Corporation, 344 F.Supp. 344, 349 (E.D.Pa.1972).
discussed Cited as authority (rule) Doe v. Colautti (2×)
3rd Cir. · 1979 · confidence medium
Corp. v. Columbia Pictures Industries, Inc., 440 F.2d 761, 763 (3d Cir. 1971). 5 To prove irreparable harm, Doe introduced testimony that care in private mental hospitals is better than that in public institutions.
discussed Cited as authority (rule) Doe v. Colautti (2×)
3rd Cir. · 1979 · confidence medium
Corp. v. Columbia Pictures Industries, Inc., 440 F.2d 761, 763 (3d Cir. 1971). 5 To prove irreparable harm, Doe introduced testimony that care in private mental hospitals is better than that in public institutions.
cited Cited as authority (rule) Constructors Association Of Western Pennsylvania v. Kreps
3rd Cir. · 1978 · confidence medium
Corp. v. Columbia Pictures, Inc., 440 F.2d 761, 763 (3d Cir. 1971).
cited Cited as authority (rule) Constructors Ass'n v. Kreps
3rd Cir. · 1978 · confidence medium
Corp. v. Columbia Pictures, Inc., 440 F.2d 761, 763 (3d Cir. 1971).
cited Cited as authority (rule) Precision Polymers, Inc. v. Pillar Industrial Products Corp.
W.D. Pa. · 1977 · confidence medium
Corp. v. Columbia Pictures Industries, Inc., 440 F.2d 761, 763 (3d Cir. 1971).
cited Cited as authority (rule) Exxon Corp. v. Federal Trade Commission
D. Del. · 1977 · confidence medium
Corp. v. Columbia Pictures Industries, Inc., 440 F.2d 761, 763 (3d Cir. 1971).
A. L. K. CORPORATION
v.
COLUMBIA PICTURES INDUSTRIES, INC., Appellant
71-1015.
Court of Appeals for the Third Circuit.
Apr 7, 1971.
440 F.2d 761
Bancroft D. Haviland, Schnader, Harrison, Segal & Lewis, Philadelphia, Pa. (Michael R. Gardner, Philadelphia, Pa., on the brief), for appellant., Henry W. Sawyer, III, Drinker, Biddle & Reath, Philadelphia, Pa. (James Eiseman, Jr., Melvin C. Breaux, Philadelphia, Pa., on the brief), for appellee.
Freedman, Seitz, Rosenn.
Cited by 103 opinions  |  Published

OPINION OF THE COURT

SEITZ, Circuit Judge.

This is an appeal from an order of the district court, 320 F.Supp. 816, granting plaintiff’s motion for a preliminary in-j unction against defendant’s licensing or contracting to license the showing of a particular motion picture at any theatre within the Philadelphia area other than that owned by plaintiff.

In April of 1970, defendant (Columbia), a motion picture distributor, granted to plaintiff (The 1812), the owner and operator of The 1812 Theatre, a license for the exclusive first-run Philadelphia exhibition of a motion picture entitled “Husbands.” Shortly after the licensing agreement was executed, however, Columbia notified The 1812 that it would not be able to deliver “Husbands” on or about the proposed delivery date of July 8, 1970 [1] because of difficulties between Columbia and John Cassavetes, the producer of the motion picture, concerning the final cutting of the film. After a delay of several more months, Columbia finally informed The 1812 that it was invoking a clause in the agreement which purportedly terminated the license whenever Columbia, for reasons beyond its direct control, failed to obtain timely delivery from the producer. Columbia therefore told The 1812 that it intended to solicit new bids from all Greater Philadelphia first-run theatres for the exclusive license to exhibit “Husbands.” Denying that the agreement had terminated, The 1812 then brought the present diversity action, seeking to enjoin Columbia from resubmitting “Husbands” for bids, to compel specific performance of its licensing agreement with Columbia, and to recover damages.

After a hearing on plaintiff’s motion for a preliminary injunction, the district court interpreted the licensing agreement as not being subject to termination by Columbia merely because of the pro[*763] dueer’s failure to make timely delivery. Ruling that every motion picture is a “unique” production and that The 1812’s inability to obtain “Husbands” might cause an intangible loss of good will, which it described as “theatre momentum,” the court concluded that The 1812 would not have an adequate remedy at law for breach of contract since proof of damages would be difficult and speculative, if not impossible. The court thus found a probability that plaintiff would ultimately be successful on the merits and preliminarily enjoined Columbia from licensing the movie to any exhibitor in Philadelphia except The 1812. Unless the status quo were preserved, the court reasoned, plaintiff’s rights under its license might be lost forever. If the preliminary injunction were ultimately determined to have been improvidently granted, on the other hand, Columbia would only sustain pecuniary damages, which could be prevented by requiring The 1812 to post a substantial bond. [2]

As a prerequisite to the issuance of a preliminary injunction the moving party must generally show: (1) a reasonable probability of eventual success in the litigation, and (2) that it will be irreparably injured pendente lite if relief is not granted to prevent a change in the status quo. Ikirt v. Lee National Corp., 358 F.2d 726, 727 (3d Cir. 1966). In applying these criteria, a district court must have considerable discretion because of the infinite variety of situations which may confront it. Nevertheless, its discretion is not unlimited and must be guided by the traditional principles of equity. Without reaching the substantial question of contractual interpretation decided by the district court, we find that plaintiff has failed to satisfy the second of the above prerequisites for interlocutory injunctive relief.

Admittedly, the denial of a preliminary injunction in this case would permit Columbia to resolieit bids on “Husbands,” with the resulting possibility that plaintiff’s asserted rights to the film will be lost. This injury cannot be considered “irreparable,” however, unless plaintiff demonstrates that its legal remedies are either inadequate or impracticable. Generally speaking a breach of contract results in irreparable injury warranting equitable relief in two types of cases:

“1. Where the subject-matter of the contract is of such a special nature, or of such a peculiar value, that the damages, when ascertained according to legal rules, would not be a just and reasonable substitute for or representative of that subject-matter in the hands of the party who is entitled to its benefit; or in other words, where the damages are inadequate;
2. Where, from some special and practical features or incidents of the contract inhering either in its subject-matter, in its terms, or in the relations of the parties, it is impossible to arrive at a legal measure of damages at all, or at least with any sufficient degree of certainty, so that no real compensation can be obtained by means of an action at law; or in other words, where damages are impracticable.”

4 Pomeroy, Treatise on Equity Jurisprudence § 1401, at 1033-34 (5th Ed. 1941) (emphasis in original); see Philadelphia Ball Club v. Lajoie, 202 Pa. 210, 51 A. 973, 974 (1902).

Against this legal background, plaintiff asserts that its injury from the denial of a preliminary injunction cannot be adequately compensated by monetary damages because “Husbands,” like all movies, is a unique production which will have a distinctive effect upon The 1812’s “theatre momentum.” Plaintiff further contends that damages would be impracticable because, if The 1812 does not acquire this particular picture, the value of its lost “momentum” will be impossible to calculate with any reasonable degree of certainty. Despite these con[*764] tentions, we think that plaintiff has failed to prove that its injury will in fact be irreparable so as to make interlocutory equitable relief appropriate in this case.

It is true that every motion picture is unique in the sense that no two are identical, but such a characterization does not end our inquiry since the inability to obtain a particular film does not of itself show that “nothing can answer the justice of the case but the performance of the contract in specie * * Philadelphia Ball Club v. Lajoie, supra at 974. Here, although the parties entered into a commercial contract whose primary purpose was one of mutual pecuniary benefit, The 1812 maintains that “Husbands” has a value which is so extraordinary that the theatre’s mere recovery of lost profits would be inadequate. In so doing, it seizes upon what it describes as a definite, though intangible, asset known as “theatre momentum.” The 1812 argues that there is intense competition among “first-class” motion picture theatres to create a special image which will enhance their drawing power. If large numbers of people are attracted to one particularly outstanding movie, plaintiff says, they will also gain an impression of the theatre’s atmosphere, personnel, and type of clientele and will be exposed to trailers of coming attractions so that they will later return to the same theatre on the strength of its image as a pleasant place where fine pictures are shown. Plaintiff describes this combination of circumstances as similar to good will in that it promotes the forward movement of the theatre’s business by maintaining and increasing patronage. Each good picture, it says, adds an increment to the momentum, and a withholding of any increment will in some way forever retard the growth of momentum.

Even assuming that an asset such as theatre momentum does exist and that its value is not measurable in monetary terms, the record here does not disclose that plaintiff’s failure to acquire “Husbands” will cause any irreparable damage to this asset. Although, as previously stated, all motion pictures are somewhat “unique,” certainly some pictures are fungible with respect to their effect upon theatre momentum. [3] The injury contemplated by the denial of a preliminary injunction must be actual and of serious consequence, not merely theoretical. We find that The 1812 has failed to demonstrate that “Husbands” will have any effect upon its momentum different from that of other available motion pictures of the same type. [4]

Thus, even if a breach of contract is ultimately found, the only cognizable injury which The 1812 has established that it may sustain is a loss of income —the difference between the income which could have been earned by showing “Husbands” as contracted for and that actually earned during the same period. This is capable of measurement and can adequately be remedied by monetary damages if The 1812 succeeds on the merits. D. W. H. Corp. v. Twentieth Century-Fox Film Corp., 182 F.Supp. 912, 913 (E.D.Pa.1960). In addition, we see nothing to prevent The 1812 from successfully rebidding for “Husbands” [5][*765] and, if eventually successful in proving a breach of contract, recovering appropriate damages.

Because there is no evidence that plaintiff will be irreparably injured pendente lite by the denial of interlocutory relief, we find that the district court abused its discretion in preliminarily enjoining Columbia’s resolicitation of bids.

The order of the district court will be reversed.

1

. This date was contained in Columbia’s initial solicitation of bids for the exclusive first-run rights to “Husbands,” but was not specifically included in the formal licensing agreement which was eventually submited to the plaintiff. Although Columbia now claims there is no evidence that it ever executed the formal agreement, it does admit that a contract was created when it accepted The 1812’s bid in response to the solicitation. It is not now necessary for us to decide what consequences, if any, would attach if it ultimately appears that Columbia did not execute the formal agreement.

2

. A. L. K. Corp. v. Columbia Pictures Indus., Inc., 320 F.Supp. 816 (E.D.Pa.1970).

3

. One of The 1812’s witnesses testified: “On Chestnut Street, where Theatre 1812 is located, it is highly competitive with other theatres, but this theatre has distinguished itself by having the type of motion picture that Chestnut Street patrons like. ‘Husbands’ is this type of motion picture.” (emphasis added)

4

. Cf. Campbell Soup Co. v. Wentz, 172 F.2d 80, 82-83 (3d Cir. 1948).

5

. Columbia has represented to this court that, pursuant to its obligations under an antitrust decree, it is required to and will offer “Husbands” for new bids without discrimination to The 1812 and all of The 1812’s competitors.

In its request for new bids, Columbia will propose a guaranteed minimum run of 12 weeks instead of 8 weeks as guaranteed in its agreement with The 1812. There will also be a proposed minimum monetary guarantee by the exhibitor to Columbia of $150,000. The agreement with The 1812 contains no such provision.