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ERICSSON GE MOBILE COMMUNICATION v. MOTOROLA COMMUNICATIONS & ELECTRONICS

No. 95-6766.

120 F.3d 216 (1997)

ERICSSON GE MOBILE COMMUNICATIONS, INC., a Delaware Corporation, Plaintiff-Appellee, v. MOTOROLA COMMUNICATIONS & ELECTRONICS, INC., an Illinois corporation, Birmingham, City of, a municipal corporation, Richard Arrington, Jr., in his official capacity as Mayor of the City of Birmingham, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

August 22, 1997.

Attorney(s) appearing for the Case

Demetrius C. Newton, Birmingham City Attorney's Office, Birmingham, AL, Peter Burke, Joe R. Whatley, Cooper, Mitch, Crawford, Kuy Kendall & Whatley, Birmingham, AL, Kenneth L. Thomas, Thomas, Means & Gillis, P.A., Montgomery, AL, Donald V. Watkins, Watkins, P.C., Birmingham, AL, for Defendants-Appellants.

Michael D. Knight, McDowell, Knight, Roeder and Sledge, LLC, Mobile, AL, for Motorola Electronics and Communications, Inc.

William G. Somerville, III, Johnston, Barton, Proctor & Powell, Birmingham, AL, for Plaintiff-Appellee.

Before ANDERSON, Circuit Judge, and FAY and KRAVITCH, Senior Circuit Judges.

KRAVITCH, Senior Circuit Judge:

Ericsson GE Communications ("EGE") brought this diversity action pursuant to the Alabama Competitive Bid Law, Ala.Code §§ 41-16-50, et seq. (1991 & Supp.1996), to enjoin the execution of a contract between Motorola Communications & Electronics, Inc. ("Motorola") and the City of Birmingham (the "City") for the purchase of a new public safety communications system. Because we conclude that the value of an injunction...

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