THE GUARDIAN LIFE INSURANCE COMPANY OF AMERICA v. ESTATE OF GERNIGLIA

No. 10-4545.

THE GUARDIAN LIFE INSURANCE COMPANY OF AMERICA, v. THE ESTATE OF JOSEPH A. CERNIGLIA; CWB1, LLC; COMPANIA HOLDINGS CORPORATION; MELISSA CERNIGLIA; VALLEY NATIONAL BANK; RICCARDO BOTTI; KEVIN WYNN CWB1, LLC., Appellant.

United States Court of Appeals, Third Circuit.

Filed: July 28, 2011.


Attorney(s) appearing for the Case

Edward Griffith (Argued), Bolatti & Griffith, 45 Broadway, Suite 2200, New York, NY 10006, Counsel for Appellant, CWB1, LLC.

Anthony J. Fusco, Jr.1, Fusco & Macaluso, 150 Passaic Avenue, P.O. Box 838, Passaic, NJ 07055, Counsel for Appellees, Riccardo Botti, and Kevin Wynn,

Steven P. Del Mauro, McElroy, Deutsch, Mulvaney & Carpenter, 100 Mulberry Street, Three Gateway Center, Newark, NJ 07102, Counsel for Guardian Life Insurance, Company of America.

Before: RENDELL, SMITH and FISHER, Circuit Judges.


NOT PRECEDENTIAL

OPINION OF THE COURT

FISHER, Circuit Judge.

CWB1, LLC ("CWB1") appeals from an order of the District Court denying its request for a preliminary injunction. For the reasons stated herein, we will reverse the District Court's order and direct that the injunction be issued in CWB1's favor.

I.

We write exclusively for the parties, who are familiar with the factual context and legal history of this case. Therefore...

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