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JOHNSON & JOHNSON PROD. INC. v. DAL INTERN. TRADING CO.

No. 85-5629.

798 F.2d 100 (1986)

JOHNSON & JOHNSON PRODUCTS, INC., and Johnson & Johnson, Ltd., and Johnson & Johnson Baby Products Company, v. DAL INTERNATIONAL TRADING CO., an agency or instrumentality of the Polish People's Republic, Northeast Brokerage Co., Inc., and John Doe Quality King Manufacturing, Inc. and Quality King Distributors, Inc. Appeal of QUALITY KING MANUFACTURING, INC. and Quality King Distributors, Inc.

United States Court of Appeals, Third Circuit.

Decided August 11, 1986.

Rehearing and Rehearing Denied September 11, 1986.

Attorney(s) appearing for the Case

Edward M. Joffee (argued), Sandler & Travis, P.A., Miami, Fla., Budd, Larner, Kent, Gross, Picillo, Rosenbaum, Greenberg & Sade, Short Hills, N.J., for appellants.

Gregory L. Diskant (argued), Eugene M. Gelernter, Patterson, Belknap, Webb & Tyler, New York City, Hannoch Weissman, Roseland, N.J., Eric I. Harris, Johnson & Johnson, New Brunswick, N.J., for appellees.

Robert W. Steele, John R. Fornaciari, Steele, Simmons & Fornaciari, Washington, D.C., for amicus curiae K Mart Corp.

Before SLOVITER and STAPLETON, Circuit Judges and LONGOBARDI, District Judge.

Rehearing and Rehearing In Banc Denied September 11, 1986.

OPINION OF THE COURT

STAPLETON, Circuit Judge.

This is an appeal from a preliminary injunction restraining appellants from selling, distributing, or otherwise disposing of certain products manufactured by appellees and in appellants' possession. Because we conclude that the district court committed an error of law and that the present record will not support a resolution of the legally relevant...

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