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NEW YORK PATH. & X-RAY LAB., INC. v. IMMIGRATION & N.S.

No. 867, Docket 74-2630.

523 F.2d 79 (1975)

NEW YORK PATHOLOGICAL AND X-RAY LABORATORIES, INC., et al., Plaintiffs-Appellants, v. IMMIGRATION AND NATURALIZATION SERVICE et al., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided August 18, 1975.

Attorney(s) appearing for the Case

Edward J. Carroll, Burlington, Vt. (Thomas & Alexander, Burlington, Vt.), for plaintiffs-appellants New York Pathological and X-Ray Laboratories, Inc.; Bruce E. Rapkine and Samuel Rapkine.

Mary P. Maguire, Sp. Asst. U. S. Atty. (Paul J. Curran, U. S. Atty. for the Southern District of New York, Steven J. Glassman, Asst. U. S. Atty., on the brief), for defendants-appellees.

Before MANSFIELD and MOORE, Circuit Judges, and HOLDEN, District Judge.

HOLDEN, District Judge:

This is an appeal, pursuant to 28 U.S.C. § 1292 (1970), from an order of the United States District Court for the Southern District of New York,1 denying the appellants' motion for a preliminary injunction. The District Court refused to grant the appellants the relief requested on the ground that they had failed to demonstrate either probable success on the merits or the existence of a sufficiently serious...

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