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HERZOG & STRAUS v. GRT CORP.

No. 337, Docket 76-7357.

553 F.2d 789 (1977)

HERZOG & STRAUS, a partnership organized under the laws of the State of New York, Plaintiff-Appellant, v. GRT CORPORATION, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided April 14, 1977.

Attorney(s) appearing for the Case

Jerold Oshinsky, New York City (Arthur S. Olick, Leon B. Kellner, Scott B. Lunin, Anderson Russell Kill & Olick, P. C., New York City, of counsel), for plaintiff-appellant.

L. Peter Parcher, New York City (Peter A. Herbert, Leonard Ware, Palo Alto Cal., Robert Russell, Arrow Silverman & Parcher, P. C., New York City, of counsel), for defendant-appellee.

Before MOORE, OAKES and TIMBERS, Circuit Judges.

OAKES, Circuit Judge:

This appeal is from a sua sponte grant of summary judgment against appellant by the United States District Court for the Southern District of New York, Whitman Knapp, Judge. The grant immediately followed appellant's unsuccessful attempt, at a hearing, to obtain a preliminary injunction. So swiftly did the door of justice revolve in this instance that appellant filed suit in state court on a Friday (June 18, 1976), was removed to federal...

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