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NEXT LEVEL COMMUNICATIONS LP v. DSC COMMUNICATIONS

No. 98-40682.

179 F.3d 244 (1999)

NEXT LEVEL COMMUNICATIONS LP; KK Manager LLC; General Instrument Corporation, formerly known as Next Level Systems Incorporated; Spencer Trask & Company Incorporated, Plaintiffs-Appellees, v. DSC COMMUNICATIONS CORPORATION; DSC Technologies Corporation, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

June 21, 1999.

Attorney(s) appearing for the Case

Tyler Alexander Baker, III, Jeffrey Scott Levinger, Carrington, Coleman, Solman & Blumenthal, Dallas, TX, Howard W. Goldstein, Fried Frank Harris Shriver & Jacobson, New York City, for Plaintiffs-Appellees.

Joseph D. Cheavens, Baker & Botts, Houston, TX, Larry D. Carlson, Dallas, TX, for Defendants-Appellants.

Before KING, Chief Judge, and REYNALDO G. GARZA and JOLLY, Circuit Judges.

KING, Chief Judge:

Defendants-appellants DSC Communications Corporation and DSC Technologies Corporation appeal from a May 14, 1998 order of the district court issuing a preliminary injunction that prevents them from pursuing an action filed in Delaware state court on March 5, 1998. Because we conclude that the district court's preliminary injunction is proper under the relitigation exception to the Anti-Injunction Act, 28 U.S.C. § 2283, we affirm.

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