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DATAPHASE SYSTEMS, INC. v. C L SYSTEMS, INC.

No. 80-1111.

640 F.2d 109 (1981)

DATAPHASE SYSTEMS, INC., Appellee, v. C L SYSTEMS, INC., Appellant.

United States Court of Appeals, Eighth Circuit.

Decided January 7, 1981.

Attorney(s) appearing for the Case

Edmund C. Case, Testa, Hurwitz & Thibeault, Boston, Mass., for appellant.

Gordon D. Gee, Rich, Granoff, Levy & Gee, Kansas City, Mo., argued, Gregory L. Vranicar, Kansas City, Mo., for appellee.

Before LAY, Chief Judge, HEANEY, BRIGHT, ROSS, STEPHENSON, HENLEY, McMILLIAN and ARNOLD, Circuit Judges,

HENLEY, Circuit Judge.

C L Systems, Inc. (CLSI) appeals from the district court's order of January 23, 1980, granting a preliminary injunction restraining CLSI from making "any false or misleading statement which disparages, directly or indirectly, plaintiff [Dataphase Systems, Inc.], its product, its financial condition or its ability to furnish goods and services." For reasons to be stated we vacate the preliminary injunction.

Dataphase, a Missouri corporation...

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