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ES DEVELOPMENT, INC. v. RWM ENTERPRISES, INC.

Nos. 90-1760, 90-1761, 90-2466 and 90-2467.

939 F.2d 547 (1991)

ES DEVELOPMENT, INC., and Edwin G. Sapot, Appellees, v. RWM ENTERPRISES, INC., d/b/a Moore Cadillac; and, Moore Automotive Group, Inc., d/b/a Moore Hyundai, Appellants. ES DEVELOPMENT, INC., and Edwin G. Sapot, Appellants, v. RWM ENTERPRISES, INC., d/b/a Moore Cadillac; and, Moore Automotive Group, Inc., d/b/a Moore Hyundai, Appellees. ES DEVELOPMENT, INC., and Edwin G. Sapot, Appellees, v. RWM ENTERPRISES, INC., and Moore Automotive Group, Inc., Appellants. ES DEVELOPMENT, INC., and Edwin G. Sapot, Appellants, v. RWM ENTERPRISES, INC., and Moore Automotive Group, Inc., Appellees.

United States Court of Appeals, Eighth Circuit.

Decided July 18, 1991.

Rehearing and Rehearing Denied September 3, 1991.

Attorney(s) appearing for the Case

David O. Danis, St. Louis, Mo., for appellants.

Michael H. Wetmore, Clayton, Mo. (Alan E. Popkin, St. Louis, Mo., on the brief), for appellees.

Before McMILLIAN, Circuit Judge, BRIGHT, Senior Circuit Judge, and MAGILL, Circuit Judge.

Rehearing and Rehearing en banc Denied September 3, 1991.

BRIGHT, Senior Circuit Judge.

Appellants, RWM Enterprises, Inc. and Moore Automotive Group, Inc. (RWM/Moore), appeal from an order of the district court,1 issued pursuant to Section 16 of the Clayton Act, 15 U.S.C. § 26 (1988), permanently enjoining them from jointly or individually communicating their opposition to the proposed development of an automobile mall by...

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