The opinion
DUNIWAY, Circuit Judge.
This is an appeal, purportedly taken under 28 U.S.C. § 1292 (a) (1), from an order denying a motion for a preliminary injunction. The action was brought by the United States under section 15 of the Clayton Act ( 15 U.S.C. § 25 ) to enjoin the acquisition by one of the ap-pellees of the “operating assets” of the other, as being in violation of section 7 of the Clayton Act ( 15 U.S.C. § 18 ). On June 27, 1963, this court granted a stay, pending appeal.
We are of the opinion that we lack .jurisdiction of this appeal, by reason of the provisions of the Expediting Act of 1903 (C. 544, 32 Stat. 823 ) now 15 U.S.C. § 29 . See: United States v. California Cooperative Canneries, 1929, 279 U.S. 553, 558 , 49 S.Ct. 423 , 73 L.Ed. 838 ; Allen Calculators, Inc. v. National Cash Register Co., 1944, 322 U.S. 137, 142 , 64 S.Ct. 905 , 88 L.Ed. 1188 ; United States Alkali Export Assn. v. United States, 1945, 325 U.S. 196, 201-202 , 65 S.Ct. 1120 , 89 L.Ed. 1554 ; De Beers Mines v. United States, 1945, 325 U.S. 212, 217 , 65 S.Ct. 1130 , 89 L.Ed. 1566 ; Brown Shoe Co. v. United States, 1962, 370 U.S. 294, 305 , 82 S.Ct. 1502 , 8 L.Ed.2d 510 ; Missouri-Kansas Pipe Line Co. v. United States, 3 Cir., 1939, 108 F.2d 614, 615 ; National Ass’n. of Real Estate Boards v. United States, 85 U.S.App.D.C. 165 , 176 F.2d 631 ; United States v. American Society of Composers, Authors & Publishers, 2 Cir., 1963, 317 F.2d 90 . We are unable to agree with the contrary decision of the Third Circuit in United States v. Ingersoll-Rand Co., 1963, 320 F.2d 509 (June 5, 1963).
The stay granted by the order of June 27, 1963, is dissolved. The appeal is dismissed for want of jurisdiction.