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H & W INDUSTRIES v. FORMOSA PLASTICS CORP.

Nos. 88-4225, 88-4373.

860 F.2d 172 (1988)

H & W INDUSTRIES, INC., Plaintiff-Appellant, v. FORMOSA PLASTICS CORP., USA and Formosa Plastics Corp., Texas and J-M Manufacturing Company, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied December 15, 1988.

Attorney(s) appearing for the Case

Ronald L. Holt, John M. Edgar, William D. Beil, Kansas City, Mo., Robert E. Barkley, Jr., New Orleans, La., James R. Moore, Jr., Jackson, Miss., for plaintiff-appellant.

Thomas J. Suszek, Oxford, Miss., William C. Pelster, New York City, James D. Veltrop, Washington, D.C., Thomas J. Schwarz, James W. Kennedy, New York City, for defendants-appellees.

Before WILLIAMS and GARWOOD, Circuit Judges, and POLOZOLA, District Judge.

Rehearing and Rehearing En Banc Denied December 15, 1988.

JERRE S. WILLIAMS, Circuit Judge:

This appeal arises from the district court's denial of appellant's request for a preliminary injunction and dismissal of a portion of appellant's complaint following the preliminary injunction hearing. We find that the district court erred in disposing of the claims on the merits in the context of a preliminary injunction proceeding without prior notice to the parties...

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