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MADISON SHIPPING CORP. v. NATIONAL MARITIME UNION

No. 13120.

273 F.2d 955 (1960)

MADISON SHIPPING CORPORATION v. NATIONAL MARITIME UNION, Seafarers International Union of North America, International Maritime Workers Union, Shannon J. Wall, James L. Martin, Joseph Curran, Joseph Algina, Konstantinos Gavriel, John Ionnis Kaklaminis, Adamantios Argyroudis, George Mandariakas, Antonios Lavds, and Konstantinos Karagiannis, Appellants.

United States Court of Appeals Third Circuit.

Decided January 22, 1960.

Attorney(s) appearing for the Case

Abraham E. Freedman, Philadelphia, Pa., for appellants.

Thomas E. Byrne, Jr., Philadelphia, Pa., for appellee.

Before GOODRICH, McLAUGHLIN and KALODNER, Circuit Judges.

PER CURIAM.

Plaintiffs in this case have moved to dismiss an appeal by the defendants from an order of the District Court forbidding the defendants from doing certain acts pending that Court's hearing on the merits. The grounds for dismissal of the appeal are that the order is in its nature a temporary restraining order and, therefore, not subject to appeal. The question is not at all free from difficulty and the Court is divided. A majority of us, however, believe...

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