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GLEN-ARDEN COMMODITIES, INC. v. COSTANTINO

Nos. 817, 818, 1001, Dockets 74-1039, 74-1069, 74-1236.

493 F.2d 1027 (1974)

GLEN-ARDEN COMMODITIES, INC., and Milbank Trading Co., Inc., et al., Petitioners, v. Hon. Mark A. COSTANTINO, U.S.D.J., Respondent. SECURITIES AND EXCHANGE COMMISSION, Plaintiff, v. GLEN-ARDEN COMMODITIES, INC., et al., Defendants. SECURITIES AND EXCHANGE COMMISSION, Appellee, v. GLEN-ARDEN COMMODITIES, INC., and Milbank Trading Co., Inc., et al., Appellants.

United States Court of Appeals, Second Circuit.

Decided March 14, 1974.

Attorney(s) appearing for the Case

Bradley R. Brewer, New York City (Brewer & Soeiro, New York City), for appellants.

Michael A. Macchiaroli, Securities and Exchange Commission, Washington, D. C. (Walter P. North, Associate Gen. Counsel, Robert E. Kushner, Asst. Gen. Counsel, Washington, D. C., Steven J. Shore, New York City, Atty., New York Regional Office), for appellee.

Before HAYS, MANSFIELD and OAKES, Circuit Judges.

OAKES, Circuit Judge:

The case before us is a consolidation of two appeals and a petition for mandamus. One appeal and the petition relate to certain "temporary restraining orders" entered by the United States District Court for the Eastern District of New York. The second appeal is from a preliminary injunction entered by the same court on January 18, 1974.

The orders and injunction below were entered at the behest...

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