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TRANSGO, INC. v. AJAC TRANSMISSION PARTS CORP.

No. 89-55551.

911 F.2d 363 (1990)

TRANSGO, INC., Plaintiff-Appellee, v. AJAC TRANSMISSION PARTS CORPORATION, Defendant, and Fairbanks America, Inc.; Fairbanks Racing Automatics; and Joseph Lupo, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided August 20, 1990.

Attorney(s) appearing for the Case

Gene S. Winter, St. Onge, Steward, Johnston & Reens, Stamford, Conn., for defendants-appellants.

Michael L. Younger, El Monte, Cal., for plaintiff-appellee.

Before BROWNING and PREGERSON, Circuit Judges, and McKIBBEN, District Judge.

PREGERSON, Circuit Judge:

Appellant auto part manufacturers (hereinafter collectively referred to as "Fairbanks") appeal the district court's denial of their Fed.R.Civ.P. 60(b)(5) motion to modify post-trial permanent injunctions entered against them. They allege that the injunctions restrict their freedom of commercial speech under the First Amendment and are inconsistent with Lanham Act provisions. Because we find that Fairbanks does not meet the requirements for...

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