CHARLES SIMKIN & SONS, INC. v. MASSIAH

Nos. 13422, 13423.

289 F.2d 26 (1961)

CHARLES SIMKIN & SONS, INC., a corporation of the State of New Jersey, Plaintiff-Appellant in 13,423, v. Frederick MASSIAH, Defendant-Appellant in 13,422, and City of Trenton, Defendant.

United States Court of Appeals Third Circuit.

Decided April 13, 1961.


Attorney(s) appearing for the Case

Louis B. LeDuc, Camden, N. J. (Kenneth J. Dawes, Trenton, N. J., on the brief), for appellant Massiah.

Allen Ravin, Perth Amboy, N. J. (Arthur J. Sills, Wilentz, Goldman, Spitzer & Sills, Perth Amboy, N. J., on the brief), for appellant Charles Simkin & Sons, Inc.

Before GOODRICH, McLAUGHLIN and FORMAN, Circuit Judges.


McLAUGHLIN, Circuit Judge.

The first of these two appeals denied plaintiff's (Simkin's) application for an interlocutory injunction to compel defendant (Massiah) to withdraw a lien claim filed by him. The second denied defendant's application for an interlocutory injunction against plaintiff's continued possession and use of defendant's equipment and tools. Both arise out of the following facts.

In April 1959, plaintiff entered into a contract with the City...

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