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MAJOR LEAGUE BASEBALL PROP. v. PACIFIC TRADING CARDS

No. 98-7700.

150 F.3d 149 (1998)

MAJOR LEAGUE BASEBALL PROPERTIES, INC., Plaintiff-Appellant, v. PACIFIC TRADING CARDS, INC., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided July 13, 1998.

Attorney(s) appearing for the Case

Charles E. Jarrett, Baker & Hostetler LLP, Cleveland, OH (Bruce O. Baumgartner, Deborah A. Wilcox, Laurel E. Queeno, Baker & Hostetler; Wm. Lee Kinnally, Jr., Gibney, Anthony & Flaherty, LLP, New York City, of counsel), for Plaintiff-Appellant.

Michael E. Kipling, Stokes Lawrence, P.S., Seattle, WA (Paul R. Grand, Michael C. Silberberg, Morvillo, Abramowitz, Grand, Iason & Silberberg, P.C., New York City; James C. Fowler, Alice F. Gustafson, Graham & Dunn, Seattle, WA, of counsel), for Defendant-Appellee.

Before: WINTER, Chief Judge, JACOBS, Circuit Judge, and CARMAN, Judge.

WINTER, Chief Judge:

Major League Baseball Properties, Inc. ("MLB") moved for an injunction pending appeal of an order issued by Judge Martin denying MLB's motion for a preliminary injunction. See Major League Baseball Properties, Inc. v. Pacific Trading Cards, Inc., No. 98 Civ. 2739, 1998 WL 241904 (S.D.N.Y. May 14, 1998). MLB also sought an expedited appeal from Judge Martin's order. After argument on the motions, the parties asked us to vacate the district...

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