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To: dantecristo who wrote (798)9/23/2000 9:27:52 AM
From: dantecristo  Respond to of 12465
 
Here's the US Court of Appeals ruling against Varian:
"Appeal from the United States District Court for the Northern District of California
Ronald M. Whyte, District Judge, Presiding
Submitted September 11, 20002
Before: WALLACE, FERNANDEZ and McKEOWN, Circuit Judges.
This preliminary injunction appeal comes to us for review under the Ninth Circuit Rule 3-3. We have jurisdiction under 28 U.S.C. ß 1292(a)(1).
After the district court entered the preliminary injunction which is the subject of this appeal, the district court entered an order granting summary judgment on the only federal claim and remanded the remaining claims to state court. Accordingly, the preliminary injunction dissolved as a matter of law. See Matek v. Murat, 862 F.2d 720,734 (9th Cir. 1988), abrogated on other grounds by Koch v. Hankins, 928 F.2d 1471, 1477-78 (9th Cir. 1991).
The case is remanded with instructions to the district court to vacate the preliminary injunction. Appellees' motion for oral argument is denied.
REVERSED and REMANDED."
2. The panel unanimously finds this case suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).
geocities.com



To: dantecristo who wrote (798)9/25/2000 11:44:57 PM
From: John Sladek  Respond to of 12465
 
dante,

Today the US Appeals Court ruled against Varian Medical (VAR), Varian Semiconductor (VSEA), Susan B. Felch & George Zdasiuk in that Mary E. Day and Michelangelo Delfino were no longer under the Federal preliminary injunction

Were you ever really in doubt?

Regards,
John Sladek