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BAKER'S AID v. HUSSMANN FOODSERVICE CO.

No. 1131, Docket 87-7385.

830 F.2d 13 (1987)

BAKER'S AID, A DIVISION OF M. RAUBVOGEL CO., INC., Plaintiff-Appellant, v. HUSSMANN FOODSERVICE COMPANY and Hussmann Corporation, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided October 1, 1987.

Attorney(s) appearing for the Case

Joseph P. Zammit (Reavis & McGrath, New York City, of counsel, Douglas P. Catalano, Robert R. Salman, on brief), for plaintiff-appellant.

Robert I. Edlitz (Gubman Sitomer Goldfaden & Edlitz P.C., New York City, of counsel, Harvey N. Goldstein, Michael R. Klekman, on brief), for defendants-appellees.

Before VAN GRAAFEILAND, KEARSE, and MAHONEY, Circuit Judges.

PER CURIAM:

Plaintiff brings this expedited appeal from a Memorandum and Order of the United States District Court for the Eastern District of New York (McLaughlin, J.) denying its motion for a preliminary injunction enforcing a noncompetition agreement. The court found that plaintiff was likely to succeed on the merits, but had not shown that it would suffer irreparable harm if the injunction was not issued. This is a diversity action to which New York law is applicable...

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