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McDONNELL v. FARMERS INSURANCE EXCHANGE

No. 82-1748.

703 F.2d 328 (1983)

Glenn L. McDONNELL, Appellee, v. FARMERS INSURANCE EXCHANGE, Truck Insurance Exchange, Fire Insurance Exchange, Mid-Century Insurance, Farmers New World Life Insurance Company and Illinois Farmers Insurance Company, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided April 12, 1983.

Attorney(s) appearing for the Case

Dorsey & Whitney, Roger J. Magnuson, Charles L. Sweeris, Minneapolis, Minn., for appellee.

William T. Egan, Scott K. Goldsmith, Rider, Bennett, Egan & Arundel, Minneapolis, Minn., for appellants.

Before LAY, Chief Judge, JOHN R. GIBSON, Circuit Judge, and ROBERTS, District Judge.

PER CURIAM.

This matter comes before the court on review of the grant of a preliminary injunction issued by the district court under the guidelines of Dataphase Systems, Inc. v. C L Systems, Inc., 640 F.2d 109 (8th Cir.1981). On appeal defendants urge that plaintiff has not shown it will probably succeed on the merits. We stated in Dataphase:

It follows that the court ordinarily is not required at an early stage...

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