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STEIN ASSOCIATES v. HEAT AND CONTROL, INC.

Appeal No. 84-954.

748 F.2d 653 (1984)

STEIN ASSOCIATES, INC., Appellant, v. HEAT AND CONTROL, INC., Appellee.

United States Court of Appeals, Federal Circuit.

November 16, 1984.

Attorney(s) appearing for the Case

Richard J. Egan, Baldwin, Egan, Walling & Fetzer, Cleveland, Ohio, argued for appellant. With him on the brief were Leslie W. Jacobs and James B. Niehaus, Thompson, Hine & Flory, Cleveland, Ohio.

Donald N. MacIntosh, Flehr, Hohbach, Test, Albritton & Herbert, San Francisco, Cal., argued for appellee. With him on the brief was Elmer S. Albritton and Debra E. Dahl, San Francisco, Cal.

Before MARKEY, Chief Judge, and KASHIWA and NEWMAN, Circuit Judges.

MARKEY, Chief Judge.

Appeal from an order of the United States District Court for the Northern District of California (district court) denying Stein Associates' (Stein's) motion for preliminary injunction. We affirm.

Background

In 1982, Heat and Control, Inc., (H & C) became aware that Stein was offering to sell its Counterflow Oven (CFO) to a British company, G.W. Padley Poultry Ltd. (Padley) and had installed a pilot CFO at Padley...

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