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ENGINE SPECIALTIES, INC. v. BOMBARDIER LIMITED

No. 71-1293.

454 F.2d 527 (1972)

ENGINE SPECIALTIES, INC., Plaintiff-Appellee, v. BOMBARDIER LIMITED, Defendant-Appellant.

United States Court of Appeals, First Circuit.

Decided January 20, 1972.

Attorney(s) appearing for the Case

John Vanderstar, Washington, D. C., with whom George H. Lewald, William L. Patton, Ropes & Gray, Boston, Mass., and Covington & Burling, Washington, D. C., were on brief, for defendant-appellant.

Thayer Fremont-Smith, Boston, Mass., with whom Robert S. Frank, Jr., and Choate, Hall & Stewart, Boston, Mass., were on brief for plaintiff-appellee.

Before ALDRICH, Chief Judge, BREITENSTEIN, Senior Circuit Judge, and COFFIN, Circuit Judge.

BREITENSTEIN, Senior Circuit Judge.

This appeal relates to the grant of a preliminary injunction, and not to the merits of the controversy. Plaintiff-appellee, Engine Specialties, Inc. (ESI), sought and obtained a preliminary injunction restraining defendant-appellant, Bombardier, Ltd. (Bombardier), from marketing in North America certain mini-bikes or mini-cycles1 manufactured by an Italian corporation, Agrati-Garelli, S.p.A. (Agrati...

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