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GP INDUSTRIES, INC. v. ERAN INDUSTRIES, INC.

No. 2007-1087.

500 F.3d 1369 (2007)

GP INDUSTRIES, INC., Plaintiff-Appellee, and A Gutter Solution, LLC, Central Aluminum Supply Corporation, Exovations of Atlanta, LLC, First Choice Gutters and Siding, Inc., General Stamping, Inc., Gutters for Less, Incorporated, Gutter Defender, Inc. (doing business as Gutter Protectors), Guttersdirect.Com, LLC, Lakeside Gutter Products, Inc., Scott Katz (doing business as CKC Cleaning Specialists), Omaha Gutter & Siding Company, Sela Roofing and Remodeling, Inc., James L. Sipes, Specialty Tool and Machine, Inc., Daniel Stava, Gregory M. Stava, Sul-Co, Inc. (doing business as Polar Products), Doyle J. Sullivan, Roone Unger, WW Distributors, LLC, Lance D. Bailey, Randall R. Bailey, Brian M. Beck, David R. Herdrich, and Joshua Hesse, Third-Party Defendants-Appellees, and Mark Hurd, Third-Party Defendant, v. ERAN INDUSTRIES, INC. and James E. Bachman, Defendants/Third-Party Plaintiffs-Appellants.

United States Court of Appeals, Federal Circuit.

September 20, 2007.

Attorney(s) appearing for the Case

Todd E. Zenger, Kirton & McConkie, of Salt Lake City, UT, argued for plaintiff-appellee and third-party defendants-appellees.

Michael B. Hurd, Hovey Williams LLP, of Kansas City, MO, argued for defendants/third-party plaintiffs-appellants. With him on the brief was Jill D. Singer.

Before NEWMAN, LOURIE, and PROST, Circuit Judges.

LOURIE, Circuit Judge.

Eran Industries, Inc. ("Eran") appeals from the decision of the United States District Court for the District of Nebraska granting GP Industries, Inc.'s ("GPI's") motion for a preliminary injunction enjoining Eran from future correspondence with present and potential customers. GP Indus. v. Eran Indus., No. 08:06-CV-50, 2006 WL 3253450 (D.Neb. Nov. 8, 2006) (Preliminary Injunction Order). Because we determine that the court abused...

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