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

No. 98-5027.

176 F.3d 151 (1999)

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 February 25, 1999.

Attorney(s) appearing for the Case

Paul J. Dillon (Argued), Bloom Rubenstein Karinja & Dillon, P.C., Livingston, NJ, for Appellant.

Rodney A. Brown (Argued), Eileen Fox, Cori Sherman, Brown & Fox, P.C., New York, N.Y., for Appellee.

Before: SLOVITER, GARTH, and MAGILL, Circuit Judges.

OPINION OF THE COURT

MAGILL, Senior Circuit Judge.

The NutraSweet Company (NutraSweet) obtained a preliminary injunction and writ of replevin granting NutraSweet possession of goods that were allegedly acquired by fraud. Tekstilschik (Tek), an intervenor and the purported owner of the goods, challenges both the preliminary injunction and writ of replevin. We lack jurisdiction to consider Tek's challenge to the writ of replevin and dismiss that portion of...

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