American Optical Company, C'bon, Inc. And Cool-Ray, Inc. v. Rayex Corporation and Monaco Optical Corporation

Appellants appeal an order of the United States District Court for the Southern District of New York, Charles H. Tenney, J., entered May 23, 1967, which granted plaintiffs’ motion for contempt for failure • to comply with a preliminary injunction, and denied appellants’ cross-motion to vacate that injunction. The preliminary injunction in this action for unfair competition was granted by Judge Tenney on July 1, 1966, pursuant to his opinion reported at 266 F.Supp. 342 (S.D.N.Y.1966). Appellants took no appeal from that order. Instead of seeking to obtain “a trial of the action on the merits,”…