No. 91-4042.

936 F.2d 1096 (1991)

SCFC ILC, INC., dba Mountain West Financial, Inc., Plaintiff-Appellee, v. VISA USA, INC., Defendant-Appellant. American Bankers Association; Independent Bankers Association of America; Colorado Bankers Association; Utah Bankers Association; California Bankers Association; Resolution Trust Corporation; Amici Curiae, Bankcard Holders of America; the American Financial Services Association; Amici Curiae.

United States Court of Appeals, Tenth Circuit.

June 18, 1991.

Attorney(s) appearing for the Case

Stephen V. Bomse of Heller, Ehrman, White & McAuliffe, San Francisco, Cal. (M. Laurence Popofsky, Jessica S. Pers, and Joshua R. Floum of Heller, Ehrman, White & McAuliffe, San Francisco, Cal., and Dale A. Kimball and Clark Waddoups of Kimball, Parr, Waddoups, Brown & Gee, Salt Lake City, Utah assisting with the briefs), for defendant-appellant.

William H. Pratt of Kirkland & Ellis, Chicago, Ill. (Richard W. Giauque and Gary F. Bendinger of Giauque, Crockett & Bendinger, Salt Lake City, Utah, and James D. Sonda, Randall A. Hack, James H. Gale, and Leonard A. Gail of Kirkland & Ellis, Chicago, Ill. assisting with the briefs), for plaintiff-appellee.

Elwood Holstein, Jr., Herndon, Virginia, and Mark Wallach of Wallach, Turkish, and Wallach, New York City, on the brief, for amicus curiae, Bankcard Holders of America.

Frank M. Salinger and Robert E. McKew, Washington, D.C., on the brief, for amicus curiae, American Financial Services Ass'n.

Leonard J. Rubin of Bracewell & Patterson, Washington D.C., Jac K. Sperling and Craig A. Umbaugh of Fairfield & Woods, Denver, Colo., on the brief, for amici curiae, Independent Bankers Ass'n, American Bankers Ass'n, Colorado Bankers Ass'n, Utah Bankers Ass'n, and California Bankers Ass'n.

Alfred J.T. Byrne, General Counsel, Dorthy L. Nichols, Associate Gen. Counsel, Ann S. Cuross and Richard T. Aboussie, Asst. Gen. Counsel, Colleen B. Bombardier, Sr. Counsel, and Lawrence H. Richmond, Counsel, Washington, D.C. on the brief, for amicus curiae, Resolution Trust Corp.

Before HOLLOWAY, Chief Circuit Judge, and EBEL, and BRIGHT, Circuit Judges.

EBEL, Circuit Judge.

The issue on appeal is whether the district court erred in granting a preliminary injunction that would require the appellant to approve the manufacture and delivery of a large number of charge cards to the appellee, which intends to solicit in excess of one million potential customers to use the charge cards. Where a requested preliminary injunction will alter the status quo, the movant must show that on balance, the traditional four factors...

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