Legal Opinion · Dissent
Metropolitan Life Insurance v. RJR Nabisco, Inc.
Court of Appeals for the Second Circuit
Decided June 25, 1990No. 404, Docket 89-7688Published
1DissentLeval, District Judge
I respectfully dissent. Judge Walker’s grant of a preliminary injunction staying the cure period was fully justified under Jackson Dairy, Inc. v. H.P. Hood & Sons, Inc., 596 F.2d 70 (2d Cir.1979), although I believe the stay should have been of more limited duration.
The first question on RJR’s application for a preliminary injunction is whether the cure period provided by the indenture was susceptible to a court ordered stay. That question has three parts: (i) Whether the intention of the parties as expressed in the indentures supplies the answer; (ii) whether the laws of New York give…
2Cases cited17 opinions
- Jackson Dairy, Inc. v. H. P. Hood & Sons, Inc.Court of Appeals for the Second Circuit · 1979
- Mississippi Power & Light Co. & Mississippi Public Service Commission v. United Gas Pipe Line Co.Court of Appeals for the Fifth Circuit · 1985
- W. T. Grant Co. v. SrogiNew York Court of Appeals · 1981
- Fed. Sec. L. Rep. P 94,041 Sonesta International Hotels Corporation v. Wellington AssociatesCourt of Appeals for the Second Circuit · 1973
- First National Stores, Inc. v. Yellowstone Shopping Center, Inc.New York Court of Appeals · 1968
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