Independent Cheese Co. v. Kraft Phenix Cheese Corp.

EVANS, Circuit Judge.

Upon an appeal from a preliminary injunctional order, such as the one before us, our study of the record is limited in its scope. No exercise of discretion on our part is involved. It is' the exercise of judicial discretion by the District Court which is the subject of review. If its discretion was not abused, or stating it differently, if its discretion was not improvidently exercised, its injunctional order will not be reversed upon appeal. Alabama v. United States, 279 U. S. 229, 230, 49 S. Ct. 266, 73 L. Ed. 675.

Notwithstanding the vigorous and somewhat impressive…