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MURRAY HILL RESTAURANT v. THIRTEEN TWENTY ONE LOCUST

No. 6797.

98 F.2d 578 (1938)

MURRAY HILL RESTAURANT, Inc., v. THIRTEEN TWENTY ONE LOCUST, Inc., et al.

Circuit Court of Appeals, Third Circuit.

July 20, 1938.

Attorney(s) appearing for the Case

Julius Hallheimer, of New York City, and Moss & Moss, of Philadelphia, Pa., for appellant.

Nathan I. Miller, of Philadelphia, Pa., for appellees.

Before DAVIS and BIGGS, Circuit Judges, and MARIS, District Judge.

MARIS, Circuit Judge.

This is an appeal by the plaintiff from the decree of the District Court for the Eastern District of Pennsylvania denying without prejudice its motion for a preliminary injunction. Upon such an appeal the appellant carries a heavy burden. As Judge Gray said, speaking for this court in New York Asbestos Mfg. Co. v. Ambler Asbestos Air Cell Covering Co., 3 Cir., 102 F. 890, 891:

"The granting of a preliminary injunction is an exercise of...

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