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BRANDEIS MACHINERY & SUPPLY CORP. v. BARBER-GREENE CO.

No. 73-2058.

503 F.2d 503 (1974)

BRANDEIS MACHINERY & SUPPLY CORP. and State Equipment Company, Plaintiffs-Appellees, v. BARBER-GREENE COMPANY, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided September 24, 1974.

Attorney(s) appearing for the Case

William C. Murphy, Aurora, Ill., for defendant-appellant; Reid, Ochsenschlager, Murphy & Hupp, Aurora, Ill., Stites, McElwain & Fowler, Louisville, Ky., on brief; Lambert M. Ochsenschlager, Timothy J. Reuland, Aurora, Ill., T. Kennedy Helm, Jr., Louisville, Ky., of counsel.

Wesley P. Adams, Jr., Louisville, Ky., for plaintiffs-appellees; Bruce L. Montgomery, Tom Scheuneman, Washington, D. C., on brief; Arnold & Porter, Washington, D. C., Ogden, Robertson & Marshall, Louisville, Ky., of counsel.

Before CELEBREZZE, McCREE and ENGEL, Circuit Judges.

PER CURIAM.

This appeal pursuant to 28 U.S.C. § 1292(a)(1) is taken by defendant Barber-Greene Company from the issuance of a preliminary injunction preventing it from terminating a fifty year distributorship and refusing to sell its asphalt products to plaintiffs Brandeis Machinery and Supply Company and its affiliate State Equipment Company.

The preliminary injunction was issued in a suit brought by Brandeis and State against Barber-Greene alleging...

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