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McLANE v. MERCEDES-BENZ OF NORTH AMERICA, INC.

Nos. 93-1034, 93-1035.

3 F.3d 522 (1993)

Stephen E. McLANE, General Partner of Auto Engineering Limited Partnership, Plaintiff, Appellant, v. MERCEDES-BENZ OF NORTH AMERICA, INC., Defendants, Appellees. Stephen E. McLANE, General Partner of Auto Engineering Limited Partnership, Plaintiff, Appellee, v. MERCEDES-BENZ OF NORTH AMERICA, INC., Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided September 8, 1993.

Attorney(s) appearing for the Case

Alan Garber, with whom Clair A. Carlson, Jr., Paul D. Boynton, and Mason & Martin, Boston, MA, were on brief, for Stephen E. McLane, General Partner of Auto Engineering Limited Partnership.

Mark P. Szpak, with whom Daniel J. Klau and Ropes & Gray, Boston, MA, were on brief, for Mercedes-Benz of North America, Inc.

William N. Berkowitz, with whom Claudia V. Geschwind and Bingham, Dana & Gould, Boston, MA, were on brief, for BMW of North America, Inc.

Before CYR and STAHL, Circuit Judges, and FUSTE, District Judge.

STAHL, Circuit Judge.

Appellant Stephen E. McLane, General Partner of Auto Engineering Limited Partnership ("Auto Engineering"), challenges the district court's decisions both to deny his motion for a preliminary injunction against BMW of North America, Inc. ("BMW-NA") and to grant his motion for the same for only ninety days against Mercedes-Benz of North America, Inc. ("MB-NA"). Finding his appeal moot, we dismiss and remand the case to the district court for such...

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