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U.S. v. ENGELHARD CORP.

No. 97-8320.

126 F.3d 1302 (1997)

UNITED STATES of America, Plaintiff-Appellant, v. ENGELHARD CORPORATION, Floridin Company, U.S. Borax Inc., and U.S. Silica Company, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

October 23, 1997.

Attorney(s) appearing for the Case

James L. Wiggins, U.S. Attorney, Hugh Randolph Aderhold, Asst. U.S. Atty., Macon, GA, Angela L. Hughes, Washington, DC, John P. Fonte, Appellate Section, Antitrust Division, U.S. Dept. of Justice, Washington, DC, Robert B. Nicholson, U.S. Dept. of Justice, Antitrust Appellate Division, Washington, DC, for Plaintiff-Appellant.

Robert A. Long, Jr., George M. Chester, Jr., Covington & Burling, Washington, DC, Robert R. Gunn, II, Martin, Snow, Grant & Napier, Macon, GA, for Defendants-Appellees.

H. Jerome Strickland, Jones, Cork & Miller, Macon, GA, William T. Lifland, Howard G. Sloane, Dean Ringel, Cahill, Gordon & Reindel, New York City, for Engelhard Corp.

Before EDMONDSON and DUBINA, Circuit Judges, and LIMBAUGH, Senior District Judge.

DUBINA, Circuit Judge:

In this antitrust case, plaintiff-appellant The United States of America ("the Government") appeals the district court's order denying its request for a permanent injunction prohibiting defendant-appellee Engelhard Corporation ("Engelhard") from acquiring the assets of defendant-appellee Floridin Corporation ("Floridin"). The district court refused to enjoin the transaction after concluding that the Government failed to carry its burden of establishing...

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