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ARIAIL DRUG v. RECOMM INTERN. DISPLAY

No. 96-6570.

122 F.3d 930 (1997)

ARIAIL DRUG CO., INC., Dunlap Drug Co., Jane N. Douthit, DVM, d.b.a. Paw Prints Animal Clinic, each suing individually and on behalf of a class of similarly situated persons as herein described, Plaintiffs-Appellees, William Larry Martin, suing individually and on behalf of a class of similarly situated persons as herein described, d.b.a. Trinity Discount Drugs, Plaintiff-Counter-Defendant-Appellee, v. RECOMM INTERNATIONAL DISPLAY, INC., etc., et al., Defendants, Lease Partners Corp., Lease Partners Inc., Finova Capital Corp., Republic Leasing Co., each individually and as representatives of a defendant class of leasing and lease/financing companies similarly situated and which acted in concert or conspiracy with Defendant Recomm, Defendants-Appellants, Colonial Pacific Leasing Corp., individually and as representatives of a defendant class of leasing and lease/financing companies similarly situated and which acted in concert or conspiracy with defendant Recomm, Defendant-Counter-Claimant-Appellant.

United States Court of Appeals, Eleventh Circuit.

September 3, 1997.

Attorney(s) appearing for the Case

James E. Ferguson, III, Wallace, Jordan, Ratliff & Brandt, LLC, Charles B. Campbell, Birmingham, AL, for Lease Partners Corp. & Lease Partners, Inc.

Susan S. Wagner, Berkowitz, Lefkovits, Isom & Kushner, Birmingham, AL, for Republic Leasing Co., Inc.

Maibeth J. Porter, Maynard, Cooper & Gale, P.C., Birmingham, AL, for Finova Capital Corp.

Lee H. Zell, Balch & Bingham, Birmingham, AL, for Colonial Pacific Leasing.

Samuel B. Isaacson, Katten, Muchin & Zavis, Chicago, IL, for Finova Capital Corp.

James R. Safley, Robins, Kaplan, Miller & Ciresi, Minneapolis, MN, for Colonial Pacific Leasing Corp.

Vincent T. Borst, Alex Darcy, Askounis & Borst, P.C., Chicago, IL, for Lease Partners Corp. & Lease Partners, Inc.

Julianne Farnsworth, McNair Law Firm, P.A., Columbia, SC, Ellen E. Henderson, Birmingham, AL, for Republic Leasing Co.

J. Michael Rediker, Thomas L. Krebs, Patricia D. Goodman, Ritchie & Rediker, LLC, Birmingham, AL, for Appellees.

Before ANDERSON and COX, Circuit Judges, and ALARCON, Senior Circuit Judge.

COX, Circuit Judge:

I. Introduction

Defendants appeal the district court's order remanding this action to state court. Because we conclude that we do not have jurisdiction to review the order, we dismiss this appeal.

II. Background

Plaintiffs, three pharmacies and a veterinarian, leased electronic display boards from defendants, four leasing and financing companies. These display boards flashed electronic messages and advertisements encouraging...

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