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F.T.C. v. EVANS PRODUCTS CO.

No. 85-3691.

775 F.2d 1084 (1985)

FEDERAL TRADE COMMISSION, Plaintiff-Appellant, v. EVANS PRODUCTS COMPANY, a Delaware corporation, doing business as Capp Homes and Ridge Homes, and Evans Financial Corporation, a Washington corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided November 5, 1985.

As Amended December 12, 1985.

Attorney(s) appearing for the Case

John H. Carley, Ernest J. Isenstadt, Melvin H. Orlans, F.T.C., Washington, D.C., Randall H. Brook, Maxine R. Stansell, Kathryn C. Nielsen, Attys., F.T.C., Seattle, Wash., for plaintiff-appellant.

Chris R. Youtz, George E. Greer, Sirianni & Youtz, Seattle, Wash., for defendants-appellees.

Before WALLACE, FARRIS, and HALL, Circuit Judges.

FARRIS, Circuit Judge:

The Federal Trade Commission appeals the denial of its motion for a preliminary injunction to preserve the remedies of rescission, restitution, and other equitable relief sought in a suit for a permanent injunction. The district court for the Western District of Washington, McGovern, J., denied the FTC's motion, finding that the FTC had failed to demonstrate a "likelihood of success on the merits" and that the balance of equities did not favor...

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