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FENGLER v. NUMISMATIC AMERICANA, INC.

No. 11, Docket 87-7284.

832 F.2d 745 (1987)

Iris FENGLER, Individually and as President and Stockholder derivatively on behalf of Stationers Supply Co., Inc., and Stationers Supply Co., Inc., Plaintiffs-Appellees, v. NUMISMATIC AMERICANA, INC., U.S. Rare Gold Eagles, Inc., Jerry Simon, John Cameron, Stuart Bochner and Bochner & Berg, Defendants, Appeal of Stuart BOCHNER and Bochner & Berg, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided November 4, 1987.

Attorney(s) appearing for the Case

Howard R. Birnbach, New York City (Sulkow Birnbach Jasilli & Schleifer, Ellen M. Levanti, New York City, of counsel), for plaintiffs-appellees.

Charles Dewey Cole, Jr., New York City (Newman Schlau Fitch & Burns, P.C., Abraham S. Altheim, New York City, of counsel), for defendants-appellants.

Before KAUFMAN and ALTIMARI, Circuit Judges, and TENNEY, District Judge.

ALTIMARI, Circuit Judge:

Stuart Bochner and his law firm, Bochner and Berg ("Bochner"), appeal from an order of the United States District Court for the Southern District of New York, Kevin Thomas Duffy, Judge, which preliminarily enjoined all defendants from engaging in any business transactions with respect to Stationers Supply Co., Inc. ("Stationers"). Because this preliminary injunction was issued without holding an evidentiary hearing and was not supported by...

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