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DUBOFF ELEC., INC. v. GOLDIN

No. 1114, Docket 82-7039.

689 F.2d 387 (1982)

DUBOFF ELECTRIC, INC., Plaintiff-Appellant, v. Harrison J. GOLDIN, individually, and as Comptroller of the City of New York, Sherwin E. Weiss, Joseph Napolitano, Thomas Van Arsdale, individually, and as President of Local 3 of the International Brotherhood of Electrical Workers, and Bernard Rosenberg, individually, and as a Business Agent of Local 3 of the International Brotherhood of Electrical Workers, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided September 27, 1982.

Attorney(s) appearing for the Case

Morris Weissberg, New York City (N. George Turchin, New York City, on the brief), for plaintiff-appellant.

Dody Schorr, Asst. Corp. Counsel, New York City (F.A.O. Schwartz, Jr., Corp. Counsel, New York City, on the brief), for defendants-appellees.

Before WATERMAN, VAN GRAAFEILAND and KEARSE, Circuit Judges.

VAN GRAAFEILAND, Circuit Judge:

Duboff Electric, Inc. appeals from an order and judgment of the United States District Court for the Southern District of New York, Griesa, J., which denied its motion for a preliminary injunction and granted defendants' motion to dismiss the complaint for failure to state a valid claim. We affirm the denial of the preliminary injunction but reverse the dismissal of the complaint and remand to the district court in order that there...

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