Scooper Dooper, Inc. v. Kraftco Corp., 71-1568.
| Decision Date | 10 May 1972 |
| Docket Number | No. 71-1568.,71-1568. |
| Citation | 460 F.2d 1204 |
| Parties | SCOOPER DOOPER, INC., Appellant, v. KRAFTCO CORP. |
| Court | U.S. Court of Appeals — Third Circuit |
Donald Brown, Fox, Rothschild, O'Brien & Frankel, Philadelphia, Pa. (Nathan L. Posner, Victor Wright, Philadelphia, Pa., on the brief), for appellant.
Henry Kolowrat, Dechert, Price & Rhoads, Philadelphia, Pa. (Richard R. Rulon, John F. Wilson, III, Philadelphia, Pa., on the brief), for appellee.
Before ADAMS, GIBBONS and MAX ROSENN, Circuit Judges.
In this case brought pursuant to sections 1 and 2 of the Sherman Act, 15 U. S.C. §§ 1, 2, plaintiff, Scooper Dooper, an ice cream distributor, seeks injunctive relief and treble damages against Kraftco Corp., a diversified company which manufactures ice cream, for Kraftco's refusal to sell its ice cream products to Scooper Dooper. After obtaining a temporary restraining order, that was dissolved at the conclusion of the tenday period provided in Fed.R.Civ.P. 65(b), Scooper Dooper sought a preliminary injunction.
Following a hearing, the district court denied preliminary relief because, in its opinion, Scooper Dooper had failed to meet its burden in two crucial respects: first, it did not appear to the court that Scooper Dooper would suffer irreparable injury if preliminary relief were not granted, and second, Scooper Dooper did not make a strong showing that it was likely to prevail on the merits. Scooper Dooper has appealed from the adverse determination.
Because, "On appeal from the denial of injunctive relief pendente lite the scope of review is limited and the only question for decision is whether the court abused its discretion,"1 the burden on Scooper Dooper to secure a reversal is high. Almost sixty years ago this Court described the difficult position of such a plaintiff on appeal when it stated:
"It is to the discretion of the trial court and not to the appellate court, that the law has intrusted the power . . . to grant or dissolve an injunction, and the only question for an appellate court is, Does the proof clearly establish an abuse of that discretion by the trial court . . . for unless such an abuse is clearly established, or an obvious error has occurred in the application of the law, or a serious and important mistake has been made in the consideration of the proof, the judgment of the trial court must be taken as presumptively correct." Stokes v. Williams, 226 F. 148 (3d Cir. 1915), cert. denied, 241 U.S. 681,...
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Oburn v. Shapp
...Moore, Federal Practice P 110.25(1) (2d ed. 1973). The burden on the appellant to secure a reversal is high, Scooper Dooper, Inc. v. Kraftco Corp., 460 F.2d 1204 (3d Cir. 1972), and our scope of review is limited to: ". . . determining whether there has been an abuse of discretion, an error......
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...A. O. Smith Corp. v. FTC, 530 F.2d 515, 525 (3d Cir. 1976); Oburn v. Shapp, 521 F.2d 142, 147 (3d Cir. 1975); Scooper Dooper Inc. v. Kraftco, 460 F.2d 1204 (3d Cir. 1972); Delaware River Port Auth. v. Transamerican Trailer Transport, Inc., 501 F.2d 917, 920 (3d Cir. 1974).12 Governmental ac......
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Public Funds for Public Schools of NJ v. Marburger
...required to demonstrate irreparable harm and a reasonable probability of eventual success in the litigation. Scooper Dooper, Inc. v. Kraftco Corp., 460 F.2d 1204 (3rd Cir. 1972); A.L.K. Corporation v. Columbia Pictures Industries, Inc., 440 F.2d 761 (3rd Cir. 1971). This test, however, has ......
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SK&F, Co. v. Premo Pharmaceutical Laboratories, Inc.
...for a preliminary injunction is a heavy one. Oburn v. Shapp, 521 F.2d 142, 147 (3d Cir. 1975); Scooper Dooper, Inc. v. Kraftco Corp., 460 F.2d 1204, 1205 (3d Cir. 1972) (per curiam). Our cases require that SKF make a showing of a reasonable probability, not the certainty, of success on the ......