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SUNTRUST BANK v. HOUGHTON MIFFLIN CO.

No. 01-12200.

252 F.3d 1165 (2001)

SUNTRUST BANK, as Trustee of the Stephens Mitchell trusts f.b.o. Eugene Muse Mitchell and Joseph Reynolds Mitchell, Plaintiff-Appellee, v. HOUGHTON MIFFLIN COMPANY, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

Decided May 25, 2001.

Attorney(s) appearing for the Case

Joseph M. Beck, Miles J. Alexander, Jerre Bailey Swann, Kilpatrick Stockton LLP, Atlanta, GA, for Defendant-Appellant.

Martin Garbus, Richard Kurnit, New York City, William B. Smith, Ralph R. Morrison, Anne Moody Johnson, Jones, Day, Reavis & Pogue, Atlanta, GA, for Plaintiff-Appellee.

Before BIRCH, MARCUS and WOOD, Circuit Judges.

PER CURIAM:

It is manifest that the entry of a preliminary injunction in this copyright case was an abuse of discretion in that it represents an unlawful prior restraint in violation of the First Amendment.

While it falls within the district court's discretion to grant a preliminary injunction, see Mitek Holdings, Inc. v. Arce Eng'g Co., Inc., 198 F.3d 840, 842 (11th Cir.1999), "[t]he district court does not exercise...

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