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PHOTOTRON CORP. v. EASTMAN KODAK CO.

No. 88-1128.

842 F.2d 95 (1988)

PHOTOTRON CORPORATION, Plaintiff-Appellee, v. EASTMAN KODAK COMPANY, Fuqua Industries, Inc., and Colorcraft Corporation, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

March 28, 1988.

Attorney(s) appearing for the Case

Marvin Sloman, Carrington, Coleman, Sloman & Blumenthal, Tyler A. Baker, Dallas, Tex., for Eastman Kodak Co.

Charles E. Koob, Simpson, Thacker & Bartlett, New York City, for defendants-appellants.

Joseph M. Alioto, Alioto & Alioto, San Francisco, Cal., Quentin R. Wittrock, Richard G. Braman, Daniel R. Shulman, David M. Coyne, Minneapolis, Minn., Richard L. Brown, S. Gary Werley, Fort Worth Tex., for plaintiff-appellee.

Before BROWN, GEE and GARWOOD, Circuit Judges.

GEE, Circuit Judge:

Eastman Kodak Company ("Kodak") Fuqua Industrial and Colorcraft Corp. appeal the granting of a preliminary injunction against Kodak's merger with Colorcraft Corporation, a subsidiary of Fuqua Industries, Inc. After reviewing the record and carefully considering the arguments presented by the parties, we reverse the order of the district court.

Facts

The defendants in this action, Colorcraft and Kodak, have reached an agreement...

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