Nos. 07-2254, 07-2313.

528 F.3d 176 (2008)

BENNINGTON FOODS LLC, d/b/a Bennington Group v. ST. CROIX RENAISSANCE, GROUP, LLP, Appellant in 2254 v. Montrose Global Assets, Inc., Intervenor in D.C./Appellant in 2313.

United States Court of Appeals, Third Circuit.

Opinion Filed: June 9, 2008.

Attorney(s) appearing for the Case

Kimberly L. Boldt, Esquire, (Argued), Alters, Boldt, Brown, Rash & Culmo, Boca Raton, FL, for Appellee, Bennington Foods, LLC, d/b/a Bennington Group.

Joseph P. Klock, Jr. Esquire, (Argued), JuanCarlos Antorcha, Esquire, Epstein, Becker & Green, Miami, FL, Joel H. Holt, Esquire, Christiansted, St. Croix USVI, for Appellant, St. Croix Renaissance Group, Inc.

Kenneth A. Novikoff, Esquire, Rivkin Radler, LLP, Christiansted, St. Croix USVI, Warren B. Cole, Esquire, Hunter, Cole & Bennett, Christiansted, St. Croix USVI, for Appellant, Montrose Global Assets, Inc.

Before: SMITH, NYGAARD and ROTH, Circuit Judges.


ROTH, Circuit Judge:

St. Croix Renaissance Group, LLP (SCRG), appeals the imposition of a preliminary injunction that would allow Bennington Foods, L.L.C., to remove scrap metal from SCRG's property. SCRG is challenging the District Court's findings under both the likelihood of success prong and the irreparable harm prong of the preliminary injunction test.

We conclude that this injunction should be vacated because the District Court erred...

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