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NATIONWIDE AUTO TRANSPORTERS, INC. v. MORGAN DRIVEAWAY, INC.

No. 77 Civ. 5272.

441 F.Supp. 755 (1977)

NATIONWIDE AUTO TRANSPORTERS, INC., Plaintiff, v. MORGAN DRIVEAWAY, INC., Defendant.

United States District Court, S. D. New York.

November 30, 1977.

Attorney(s) appearing for the Case

Williamson & Schoeman, New York City, for plaintiff.

Paul D. Borghesani, James B. Buda, Elkhart, Ind., Augello & Pezold, P. C., Huntington, N. Y., for defendant.

LASKER, District Judge.

Nationwide Auto Transporters, Inc. ("Nationwide") moves for a preliminary injunction restraining Morgan Driveaway, Inc. ("Morgan") from transporting motor homes in secondary movement in "driveaway service" from Goshen, Wakarusa, and Middlebury, Indiana. While Morgan does have authority to transport motor homes in "truckaway service" (Sub-No. 524), Nationwide claims that Morgan does not have the...

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