United States Eighth Circuit

An order preliminarily enjoining appellant from entering into a merger or executing a joint venture with Clearwire, plaintiff's competitor, pending resolution of the issue of whether plaintiff had a right to acquire appellant under a right of first offer provision of their contract, is affirmed as the properly considered the Dataphase factors and did not abuse its discretion in granting plaintiff the injunction.

Appellate Information

• Decided 11/29/2007
• Published 11/29/2007

Judges

• BYE, Circuit Judge., Before BYE, BENTON and SHEPHERD, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Bartholomew L. McLeay, argued, Paul R. Gwilt, Omaha, NE, Bradley J. Baumgart, M. Courtney Koger, on the brief, Kansas City, MO, for Appellant.


• For Appellees:
  
• Thomas Walsh, argued, St. Louis, MO, Craig S. O'Dear, James D. Lawrence, on the brief, Kansas City, Mo, for Appellee.