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WIRTZ v. POWELL KNITTING MILLS CO.

No. 415, Docket 30457.

360 F.2d 730 (1966)

W. Willard WIRTZ, Secretary of Labor, Plaintiff-Appellant, v. POWELL KNITTING MILLS CO., Inc., Defendant. Meinhard Commercial Corp., Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided May 13, 1966.

Attorney(s) appearing for the Case

John A. Hughes, Regional Atty., U. S. Dept. of Labor, New York City (Charles Donahue, Sol., Samuel Gorin and David Reines, Attys., U. S. Dept. of Labor, on the brief), for plaintiff-appellant.

John F. LeViness, III, New York City (Harlan R. Harrison, Robert M. Callagy, and Pell, Butler, Curtis & LeViness, New York City, on the brief), for appellee.

Before SMITH, KAUFMAN and FEINBERG, Circuit Judges.

J. JOSEPH SMITH, Circuit Judge:

The Secretary of Labor appeals from an order of the United States District Court for the Eastern District of New York, Joseph C. Zavatt, Chief Judge, vacating a temporary restraining order issued against Powell Knitting Mills, Inc. and against Meinhard Commercial Corp. Powell has not appeared.

As a general rule, it is true, the denying or vacating of a temporary restraining order is...

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