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ECRI v. McGRAW-HILL, INC.

No. 86-1552.

809 F.2d 223 (1987)

ECRI, a Nonprofit Pennsylvania Corporation, v. McGRAW-HILL, INC., McGraw-Hill Information Systems Co., and McGraw-Hill Book Co., Appellant.

United States Court of Appeals, Third Circuit.

Decided January 20, 1987.

Attorney(s) appearing for the Case

William M. Dallas, Jr. (argued), Ruth A. Bourquin, Sullivan & Cromwell, New York City, Edward W. Mullinix, Schnader, Harrison, Segal & Lewis, Philadelphia, Pa., for appellant.

Steven R. Williams (argued), Mesirov, Gelman, Jaffe, Cramer & Jamieson, Philadelphia, Pa., for appellee.

Before ALDISERT, Chief Judge, and WEIS, Circuit Judge, and FISHER, District Judge.

OPINION OF THE COURT

WEIS, Circuit Judge.

The district court granted a preliminary injunction enforcing a contract and requiring defendant to continue publishing technical material prepared by plaintiff. Because the findings do not take into account a termination provision in the agreement, we conclude that plaintiff did not demonstrate irreparable harm. Consequently, we will vacate the preliminary injunction and remand for further proceedings.

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