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UNITED STATES v. CERTIFIED INDUSTRIES, INC.

No. 368, Docket 30170.

361 F.2d 857 (1966)

UNITED STATES of America, Plaintiff-Appellee, v. CERTIFIED INDUSTRIES, INC., Defendant-Appellant, Doral Park Avenue Hotel Corporation, Carol Management Corporation and Hotel Seventy Park Avenue Corporation, Defendants-Appellees, Meteor Concrete Corporation et al., Defendants.

United States Court of Appeals Second Circuit.

Decided June 3, 1966.

Attorney(s) appearing for the Case

Harvey R. Blau, Asst. U. S. Atty., Southern District of New York (Robert M. Morgenthau, U. S. Atty., and Martin P. Solomon, Asst. U. S. Atty., Southern District of New York, on the brief), for plaintiff-appellee.

Morris A. Marks, New York City (George E. Netter and Geist, Netter & Marks, New York City, on the brief), for defendant-appellant.

Meyer K. Sanoff, Brooklyn, N. Y. (Dreyer & Traub, Brooklyn, N. Y., on the brief), for defendants-appellees.

Before LUMBARD, Chief Judge, and FRIENDLY and ANDERSON, Circuit Judges.

ANDERSON, Circuit Judge:

Certified Industries, Inc., takes this appeal from an order of the District Court for the Southern District of New York granting the application of the United States for a preliminary injunction which enjoined Certified from proceeding with its action in the New York State Supreme Court to foreclose a lien pending a final determination of the present action brought by the United States.

On September 10, 1962, Carol Management Corporation...

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