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POTTER v. CARVEL STORES OF NEW YORK, INC.

No. 8685.

314 F.2d 45 (1963)

Howard D. POTTER, Appellant, v. CARVEL STORES OF NEW YORK, INC., a corporation of the State of New York, Carvel Corporation, a corporation of the State of New York, Carvel Dari-Freeze Stores, Inc., a corporation of the State of New York, and Chain Locations of America, Inc., a corporation of the State of New York, Appellees.

United States Court of Appeals Fourth Circuit.

Decided January 24, 1963.

Attorney(s) appearing for the Case

Arnold Fleischmann, Towson, Md. (Lawrence I. Weisman, and Nyburg, Goldman & Walter, Baltimore, Md., on the brief), for appellant.

Herbert F. Roth, New York City (Amen, Weisman & Butler, New York City, and Smith & Harrison, Towson, Md., on the brief), for appellees.

Before HAYNSWORTH, BOREMAN and BRYAN, Circuit Judges.

PER CURIAM.

The plaintiff in this antitrust action appeals from a denial of a motion to enjoin an action by one of the defendants in a state court to collect unpaid rental upon real estate sublet to the plaintiff, and for an order of ejectment. The plaintiff is not now, and for some time has not been, using the property, but contends it is entitled to prevent the lessor's repossession of the premises because of the plaintiff's unverified allegations of fraud in the...

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