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TROPICANA PRODUCTS SALES, INC. v. PHILLIPS BROKERAGE CO.

No. 89-7006.

874 F.2d 1581 (1989)

TROPICANA PRODUCTS SALES, INC., Plaintiff-Appellant, v. PHILLIPS BROKERAGE COMPANY and Dole Packaged Foods Company, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

June 13, 1989.

Attorney(s) appearing for the Case

Winston & Strawn, R. Mark McCareins, and David S. Acker, Chicago, Ill., Hand, Arendall, Bedsole, Greaves & Johnston, M. Mallory Mantiply, Mobile, Ala., Tropicana Products Sales, Inc., Steven B. Gold, Gen. Counsel, Bradenton, Fla., for Tropicana Products Sales, Inc.

Bert S. Nettles, Nettles, Barker, Janecky & Copeland, PC, J. Stuart Wallace, Mobile, Ala., for Dole Packaged Foods Co.

Rives & Peterson, Edgar M. Elliott, Ill., and Richard E. Smith, Birmingham, Ala., for Phillips Brokerage Co.

Before JOHNSON and EDMONDSON, Circuit Judges, and TUTTLE, Senior Circuit Judge.

JOHNSON, Circuit Judge:

This case arises from the district court's denial of a motion by Tropicana Products Sales, Inc. ("Tropicana"), for a preliminary injunction enjoining Phillips Brokerage Co. ("Phillips") from representing the products of Dole Packaged Foods Co. ("Dole") based on Phillips' alleged breach of an exclusive distribution contract. We dismiss the appeal as moot.

I. FACTS

Phillips distributes...

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