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SUNTRUST BANK v. HOUGHTON MIFFLIN CO.

No. 01-12200.

268 F.3d 1257 (2001)

SUNTRUST BANK, as Trustee of the Stephen 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 October 10, 2001.

Attorney(s) appearing for the Case

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

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

Leon Friedman, New York City, for Pen American Ctr., American Booksellers Foundation for Freedom of Exp., Freedom to Read Foundation, Washington Lawyers' for the Arts, The First Amendment Project and National Coalition Against Censorship, Amicus Curiae,.

E. Edward Bruce, Covington & Burling, Washington, DC, for Microsoft Corp., Amicus Curiae.

Jed Rubenfeld, Yale Law School, New Haven, CT, for Georgia First Amendment Foundation, Amicus Curiae.

Hollie Manheimer, Decatur, GA, for Amicus Curiae.

Before BIRCH, MARCUS and WOOD, Circuit Judges.

BIRCH, Circuit Judge:

In this opinion, we decide whether publication of The Wind Done Gone ("TWDG"), a fictional work admittedly based on Margaret Mitchell's Gone With the Wind ("GWTW"), should be enjoined from publication based on alleged copyright violations. The district court granted a preliminary injunction against publication of TWDG because it found that Plaintiff-Appellee Suntrust Bank ("Suntrust...

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