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JOHN & SAL'S AUTOMOTIVE SERV. INC. v. SINCLAIR REFIN. CO.

No. 174, Docket 25295.

264 F.2d 711 (1959)

JOHN AND SAL'S AUTOMOTIVE SERVICE INCORPORATED, a New York Corporation, Appellant, v. SINCLAIR REFINING COMPANY, Appellee.

United States Court of Appeals Second Circuit.

Decided March 23, 1959.

Attorney(s) appearing for the Case

Robert L. Collins, Harry J. Coman, New York City, for appellant.

Vincent A. Gorman, New York City, Everett L. Dodrill, New York City, for Sinclair Refining Co., defendant-appellee.

G. Frank Dougherty, New York City, appeared by permission for the Long Island State Park Commission and the Jones Beach State Parkway Authority.

Before HAND and WATERMAN, Circuit Judges, and BYERS, District Judge.

HAND, Circuit Judge.

This is an appeal from an order of the District Court for the Southern District of New York, Herlands, J., presiding, denying the plaintiff's motion for a preliminary injunction restraining the defendant, Sinclair Refining Company, from cancelling a contract entered into between itself and the plaintiff, a New York corporation, on March 24, 1954, which we shall speak of as the "Sublicense" and in which the plaintiff promised to supply and operate...

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