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KOREA SHIPPING CORP. v. NEW YORK SHIPPING ASS'N

Nos. 728, 853, Dockets 86-7750, 86-7876.

811 F.2d 124 (1987)

KOREA SHIPPING CORPORATION, Plaintiff-Appellant, v. NEW YORK SHIPPING ASSOCIATION, International Longshoremen's Association Pension Trust Fund and the Board of Trustees of the NYSA-ILA Pension Trust Fund, Defendants-Appellees. KOREA SHIPPING CORPORATION, Plaintiff-Appellee, v. NEW YORK SHIPPING ASSOCIATION, International Longshoremen's Association Pension Trust Fund and the Board of Trustees of the NYSA-ILA Pension Trust Fund, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided February 4, 1987.

Attorney(s) appearing for the Case

John D. Kimball, New York City (LeRoy Lambert, Healy & Baillie, New York City, of counsel), for plaintiff-appellant-appellee Korea Shipping Corp.

Donato Caruso, New York City (C.P. Lambos and Nicholas G. Maglaras, Lambos, Flynn, Nyland & Giardino, New York City, of counsel, Thomas W. Gleason, Ernest L. Mathews, Jr. and Susan G. Barres, New York City, on the brief), for defendants-appellees-appellants NYSA-ILA Pension Trust Fund, et al.

Before KAUFMAN, KEARSE and PRATT, Circuit Judges.

IRVING R. KAUFMAN, Circuit Judge.

We are called upon to decide what is a "preliminary injunction."

FACTS

Without prejudging in any way the factual issues that are yet to be determined below, we state the facts relevant to our decision as they appear from the pleadings and record to date.

Korea Shipping Corporation ("KSC") is an entity of the government of the Republic of South Korea engaged in the commercial carriage of goods by sea. The...

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