XETA, INC. v. ATEX, INC.

Appeal No. 87-1514.

852 F.2d 1280 (1988)

XETA, INC., Plaintiff-Appellant, v. ATEX, INC. and Eastman Kodak Company, Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

July 27, 1988.


Attorney(s) appearing for the Case

Elizabeth T. Luster, Sheehan, Phinney, Bass & Green, Manchester, N.H., argued for plaintiff-appellant. With her on the brief was Thomas H. Richards.

Timothy J. Dacey, Hill & Barlow, Boston, Mass., argued for defendants-appellees. With him on the brief were Gael Mahony, Barbara F. Berenson and Patrick J. Feeley. Also on the brief were Thomas C. O'Konski and Stephen Y. Chow, Cesari and McKenna, Boston, Mass.

Before MARKEY, Chief Judge, FRIEDMAN, SMITH, NEWMAN, and MAYER, Circuit Judges.


PAULINE NEWMAN, Circuit Judge.

Xeta, Inc. appeals the decision of the United States District Court for the District of New Hampshire,1 denying Xeta's motion to enjoin Atex, Inc. and its parent Eastman Kodak Company, pendente lite, from conducting certain activities asserted to be in violation of Section 1 of the Sherman Act, 15 U.S.C. § 1; Section 3 of the Clayton Act, 15 U.S.C. § 14; Section 2(a) of the Clayton Act as...

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