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SMITH v. POTTER

No. 01 CIV. 9512(JFK).

187 F.Supp.2d 93 (2001)

William M. SMITH, as President and on behalf of the New York Metro Area Postal Union, APWU, AFL-CIO and Dennis O'Neil, Plaintiffs, v. John E. POTTER, Postmaster General of the United States, Defendant.

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

Opinion in Full, November 15, 2001.

Attorney(s) appearing for the Case

Lewis, Greenwald, Clifton & Nikolaidis, P.C., New York City (Louie Nikolaidis, Peter Henner, of counsel), for Plaintiffs.

Mary Jo White, United States Attorney for the Southern District of New York, New York City (Daniel S. Alter, Sheila M. Gowan, Assistant United, States Attorneys, of counsel), for Defendant.

ORDER

KEENAN, District Judge.

The application for a preliminary injunction is denied in so far as shutting down the Morgan Facility is concerned. Plaintiffs have failed to meet the higher standard necessary for the issuance of such a mandatory injunction. They have not demonstrated that there is a likelihood of irreparable harm of their prevailing in the litigation, Moreover, the balance of hardships tips decidedly in favor of the defendant.

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