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MARLBORO CORP. v. ASS'N OF INDEPENDENT COLLEGES

No. 76-1376.

556 F.2d 78 (1977)

MARLBORO CORPORATION, doing business as the Emery School, Plaintiff, Appellant, v. The ASSOCIATION OF INDEPENDENT COLLEGES AND SCHOOLS, INC., Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided May 26, 1977.

Attorney(s) appearing for the Case

David M. Lipton, Boston, Mass., with whom John C. Ottenberg and Barron & Stadfeld, Boston, Mass., were on brief, for plaintiff, appellant.

C. William Tayler, Washington, D.C., with whom Sachs, Greenebaum & Tayler, Washington, D.C., Richard F. McCarthy, Willcox, Pirozzolo & McCarthy, Boston, Mass., Richard A. Fulton, and Thomas A. Fulton, and Thomas Hylden, Washington, D.C., were on brief, for defendant, appellee.

Before COFFIN, Chief Judge, CAMPBELL, Circuit Judge and GIGNOUX, District Judge.

COFFIN, Chief Judge.

This is an appeal from the denial of a preliminary injunction. Appellant Marlboro Corporation operates the Emery School, a private proprietary institution that offers a two-year non-degree program of training for court and conference stenotype reporters. The Accrediting Commission of appellee, the Association of Independent Colleges and Schools (AICS), is the only agency recognized by the United States Commissioner of Education to accredit business...

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