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HESTER INDUSTRIES, INC. v. TYSON FOODS, INC.

No. 93-CV-391.

882 F.Supp. 276 (1995)

HESTER INDUSTRIES, INC., Plaintiff, v. TYSON FOODS, INC., Defendant.

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

April 18, 1995.

Attorney(s) appearing for the Case

Nixon & Vanderhye, P.C., Arlington, VA (Robert W. Adams, Duane M. Byers, of counsel), Kohn, Bookstein & Karp, P.C., Albany, NY (Richard A. Kohn, of counsel), for plaintiff.

Husch & Eppenberger, Kansas City, MO (Karen J. Halbrook, John R. Cleary, of counsel), Levene, Gouldin & Thompson, Binghamton, NY (David M. Gouldin, of counsel), for defendant.

ORDER

McAVOY, Chief Judge.

On January 27, 1995, the court heard oral argument on plaintiff's motion for a preliminary injunction pending the outcome of this action along with several other motions. The court reserved decision on the motion for preliminary injunctive relief and now rules that such relief is denied.

In order to obtain a preliminary injunction in the Second Circuit the movant must make a showing of: (1) irreparable harm; and...

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