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AT&T CO. v. WINBACK AND CONSERVE PROGRAM, INC.

No. 94-5305.

42 F.3d 1421 (1994)

AMERICAN TELEPHONE AND TELEGRAPH COMPANY v. WINBACK AND CONSERVE PROGRAM, INC., a New Jersey corporation; Alfonse G. Inga, an individual, American Telephone and Telegraph Company ("AT & T"), Appellant.

United States Court of Appeals, Third Circuit.

Decided December 9, 1994.

Attorney(s) appearing for the Case

Frederick L. Whitmer (argued), Francine A. Franklin, Pitney, Hardin, Kipp & Szuch, Morristown, NJ, and Edward R. Barillari, AT & T Corp., Basking Ridge, NJ, for appellant.

H. Curtis Meanor (argued), Lawrence S. Coven, Martha Lewis Marcus, Podvey, Sachs, Meanor, Catenacci, Hildner & Cocoziello, P.C., Newark, NJ, and Charles H. Helein, Helein & Waysdorf, P.C., Washington, DC, for appellees.

Before: GREENBERG and McKEE, Circuit Judges, and POLLAK, District Judge.

OPINION OF THE COURT

GREENBERG, Circuit Judge.

In this case, the American Telephone and Telegraph Company ("AT & T") seeks to hold the defendants-appellees—Winback and Conserve Program, Inc. ("Winback") and Alphonse G. Inga—liable for acts of unfair competition by the defendants' sales representatives. The district court, in an Opinion and Order dated May 12, 1994, denied AT & T's application for a preliminary injunction, finding that...

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