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McDONALD'S CORP. v. ROBERTSON

No. 97-3308.

147 F.3d 1301 (1998)

McDONALD'S CORPORATION, Plaintiff-Counter-defendant-Appellee, v. Roger ROBERTSON, Marilyn Robertson, trading as McDonald's Restaurant, Defendants-Counter-claimants-Appellants.

United States Court of Appeals, Eleventh Circuit.

July 28, 1998.

Attorney(s) appearing for the Case

Robert M. Einhorn, Robert F. Salkowski, Robert Zarco, Miami, FL, for Defendants Counter-claimants-Appellants.

William O'Leary, Jacksonville, FL, Deborah L. Appel, Tampa, FL, Arthur L. Pressman, Buchanan Ingersoll Professional Corp., Philadelphia, PA, Ira Feldman, Oakbrook, IL, for Plaintiff-Counter-defendant-Appellee.

Before CARNES and MARCUS, Circuit Judges, and MILLS, Senior District Judge.

MARCUS, Circuit Judge:

This appeal arises out of the district court's entry without an evidentiary hearing of a preliminary injunction enjoining defendant-appellants Roger and Marilyn Robertson from continuing to run a McDonald's restaurant previously franchised to them by plaintiff-appellee McDonald's Corporation. On appeal the Robertsons challenge the district court's denial of their motion for an evidentiary hearing on McDonald's motion for preliminary injunction...

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