CHRYSLER MOTORS v. AUTO BODY PANELS OF OHIO

No. 89-1656.

908 F.2d 951 (1990)

CHRYSLER MOTORS CORP., Plaintiff-Appellant, v. AUTO BODY PANELS OF OHIO, INC., and Haur Tay Enterprise Co., Ltd., Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

July 11, 1990.


Attorney(s) appearing for the Case

Don K. Harness, Harness, Dickey & Pierce, of Troy, Mich., argued for plaintiff-appellant. With him on the brief were W.R. Duke Taylor, Richard P. Vitek and John A. Artz. Also on the brief was Gary L. Newton, Chrysler Motors Corp., of Highland Park, Mich.

Peter T. Grossi, Jr., Arnold & Porter, of Washington, D.C., argued for defendants-appellees. With him on the brief were James F. Fitzpatrick and Wayne C. Holcombe. Also on the brief was William S. Wyler, Schwartz, Manes & Ruby, of Cincinnati, Ohio. Roger M. Milgrim, Milgrim Thomajan & Lee, P.C., of New York City, argued for defendants-appellees. With him on the brief was William M. Hart. Also on the brief was William E. Santen, Santen & Hughes, of Cincinnati, Ohio, of counsel.

Perry J. Saidman, Saidman, Sterne, Kessler & Goldstein, of Washington, D.C., was on the brief for amicus curiae, Motor Vehicle Mfrs. Ass'n of The U.S., Inc. Also on the brief was William H. Crabtree, of Detroit, Mich., of counsel.

Lawrence H. Mirel, of Washington, D.C., was on the brief for amicus curiae, Government Employees Ins. Co., The Center For Auto Safety, et al.

Before MICHEL, Circuit Judge, SKELTON, Senior Circuit Judge, and PLAGER, Circuit Judge.


PLAGER, Circuit Judge.

Chrysler Motors Corp. (Chrysler), plaintiff-appellant, sued to halt the manufacture and sale by Auto Body Panels of Ohio, Inc. and Haur Tay Enterprise Co., Ltd. (defendants), of certain fenders which serve as replacement parts for Chrysler's Dodge Dakota trucks. The district court for the Southern District of Ohio, Western Division, denied Chrysler's motion for a preliminary injunction. Chrysler Motors Corp. v. Auto Body Panels of Ohio,<...

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