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INTERCONTINENTAL CONTAIN. TR. CORP. v. NEW YORK SHIP. ASS'N

Nos. 803-804, Dockets 34758-34779.

426 F.2d 884 (1970)

INTERCONTINENTAL CONTAINER TRANSPORT CORPORATION, Plaintiff-Appellee, v. NEW YORK SHIPPING ASSOCIATION, Inc. and International Longshoremen's Association, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided June 5, 1970.

Attorney(s) appearing for the Case

Constantine P. Lambos, New York City (Lorenz, Finn & Giardino, New York City, on the brief), for appellant New York Shipping Assn., Inc.

Thomas W. Gleason, New York City (Gleason & Miller, New York City, on the brief), for appellant International Longshoremen's Assn.

Samuel Gewirtz, New York City (Zwerling & Zwerling, New York City, on the brief), for appellee.

Before HAYS, ANDERSON and FEINBERG, Circuit Judges.

HAYS, Circuit Judge:

This is an appeal from an order of the United States District Court for the Southern District of New York granting a preliminary injunction in an action for a declaratory judgment, an injunction and treble damages for violation of the Sherman Act. We hold that the district court's grant of the preliminary injunction was not justified and therefore reverse its order.

The plaintiff Intercontinental Container Transport Corporation (ICTC)...

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