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EASTMAN KODAK COMPANY v. FOTOMAT CORPORATION

No. 71-1390.

441 F.2d 1079 (1971)

EASTMAN KODAK COMPANY, Plaintiff-Appellee, v. FOTOMAT CORPORATION, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied and Rehearing Denied June 21, 1971.

Attorney(s) appearing for the Case

Miles J. Alexander, Thomas C. Shelton, Jerre B. Swann, Richard R. Cheatham, Atlanta, Ga., Gary H. Wiles, LaJolla, Cal., for defendant-appellant.

John R. Crenshaw, Daniel B. Hodgson, Atlanta, Ga., Joseph L. McEntee, Jr., David L. Hoffberg, Rochester, N. Y., Alston, Miller & Gaines, Atlanta, Ga., Nixon, Hargrave, Devans & Doyle, Rochester, N. Y., for plaintiff-appellee.

Before WISDOM, COLEMAN and SIMPSON, Circuit Judges.

Rehearing Denied and Rehearing En Banc Denied June 21, 1971.

BY THE COURT:

It is ordered that appellee's motion to dismiss as untimely Fotomat's appeal from the preliminary injunction granted below, D.C., 317 F.Supp. 304, filed in the above styled and numbered cause, is hereby granted. We deem the attempted appeal to be time-barred.

WISDOM, Circuit Judge (dissenting):

The Court dismisses this appeal as...

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