Nuclear Electronic Laboratories, Inc. v. William C. Cornell Co.

On February 20, 1964, plaintiff Nuclear Electronic Laboratories, Incorporated, obtained, ex parte, a temporary restraining order and an order to show cause why a preliminary injunction should not be issued. The temporary restraining order enjoined defendants William C. Cornell Company, William C. Cornell, and Lenroc Company, from manufacturing, selling or advertising the “Lenroc Tester ’ ’ for sale; from claiming that plaintiff did not own or was not entitled to manufacture or sell the “PCV Tester”; and from seeking in another court any order prohibiting plaintiff from manufacturing or selling the “PCV Tester.”

Bond on the temporary restraining order was fixed at $2,000 and was subsequently raised to $10,000 upon application by defendants.

Sometime prior to March 3, 1964, defendants applied for a preliminary injunction and also moved for an order dissolving the temporary restraining order. Plaintiff’s and defendants’ applications for a preliminary injunction were heard by the court on March 3 and 4, 1964. In an order made in open court on the latter date and signed on May 6, 1964, the court found that neither side should be granted a preliminary injunction, that the temporary…