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NUTRASWEET CO. v. VIT-MAR ENTERPRISES, INC.

No. 96-5496

112 F.3d 689 (1997)

The NUTRASWEET COMPANY v. VIT-MAR ENTERPRISES, INC., a/k/a Vitmar; The Shiba Group; Romano Fashions, Inc.; Manoj Parekh; Nimisha Parekh; Hershey's Trucking & Warehouse, Inc.; Harry Oberlander; John Does, X, Y, & Z, Being Any Other Persons or Entities Participating in the Domestic Import Sale or Transport of the Subject Shipment. Tekstilschik, a "John Doe", Appellant.

United States Court of Appeals, Third Circuit.

Decided May 5, 1997.

Attorney(s) appearing for the Case

Paul J. Dillon (Argued), Mark D. Jaffe, Greenberg, Dauber & Epstein, Newark, NJ, for Appellant.

Rodney A. Brown (Argued), Eileen Fox, Cori Sherman, Brown & Fox, New York City, for Appellee.

Before SLOVITER, Chief Judge, STAPLETON and ALDISERT, Circuit Judges.

OPINION OF THE COURT

STAPLETON, Circuit Judge:

In this grey market case, the district court entered a "temporary restraining order" that had remained in effect for seventy-seven days as of the time of the filing of appellant's notice of appeal. For the reasons set forth below, we conclude that we have jurisdiction to review that "temporary restraining order," and we will remand to the district court with instructions to vacate it.

I. Background...

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