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JARVIS SURGICAL CO. v. DAVIS

15 Misc.2d 1035 (1958)

Jarvis Surgical Co., Inc. et al., Plaintiffs, v. Leon J. Davis, Individually and as President of Local 1199, Retail Drug Employees' Union, AFL-CIO, et al., Defendants.

Supreme Court, Special Term, New York County.

December 10, 1958.

Attorney(s) appearing for the Case

Marlin & Sandberg (Milton Sandberg of counsel), for plaintiffs.

Weinstock & Tauber for Leon J. Davis, defendant.

VINCENT A. LUPIANO, J.

Plaintiffs' motion for temporary injunction and defendants' cross motion for dismissal of the complaint for insufficiency are denied. The granting of the drastic relief of the temporary injunction will lie only upon a clear and convincing showing. (Metzger Co. v. Fay, 4 A.D.2d 436.) This has not been done. The court may only intercede in labor situations when the facts do not come within...

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