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FREEDOM NAT. BANK OF N. Y. v. DANIELS & BELL, INC.

81 Civ. 7641(MP).

528 F.Supp. 680 (1981)

FREEDOM NATIONAL BANK OF NEW YORK, Plaintiff, v. DANIELS & BELL, INC., Dan Bell Group, Inc., Bell, Jr., Travers J. and Bell, Sr., Travers J., Defendants.

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

December 18, 1981.

Attorney(s) appearing for the Case

Battle, Fowler, Jaffin & Kheel, New York City by Gerald J. Fields, Raymond J. Soffientini and W. Bruce Johnson, New York City, for plaintiff.

Howard B. Sirota, New York City, for defendants.

DECISION

MILTON POLLACK, District Judge.

At the threshold it is well to recall the standard for the issuance of a preliminary injunction.

The plaintiff must show (a) irreparable harm and (b) either, one, likelihood of success on the merits or, two, sufficiently serious questions going to the merits to make them a fair ground for litigation and a balance of hardships tipping decidedly toward the party requesting the preliminary relief.

This...

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