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SCOTT & FETZER CO. v. DILE

Nos. 79-3314, 79-3740.

643 F.2d 670 (1981)

SCOTT AND FETZER COMPANY (the Kirby Company Division), Plaintiff-Appellee, v. Virgil L. DILE, Individually and Virgil L. Dile and Barbara Jolene Dile, husband and wife, dba Railroad Freight, Railroad Salvage and Discount Freight; and T.H.E. California Corporation, an Arizona Corporation, dba Railroad Freight, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided April 27, 1981.

Attorney(s) appearing for the Case

David N. Ramras, Phoenix, Ariz., for Dile.

Barry L. Springel, Cleveland, Ohio, on brief; Irving Berger, Jones, Day, Reavis & Pogue, Cleveland, Ohio, argued, for Scott & Fetzer Co.

Before CHOY and REINHARDT, Circuit Judges, and KELLEHER, District Judge.

CHOY, Circuit Judge:

This is a consolidated appeal from a preliminary injunction issued by the United States District Court and from a subsequent order finding appellant Virgil Dile in civil contempt. We reverse the issuance of the injunction, vacate the contempt judgment and remand for further proceedings.

I. Facts

Appellee Scott and Fetzer Company, the Kirby Company Division ("Kirby"), is engaged in the business of manufacturing and

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