Legal Opinion · Dissent

American Hospital Supply Corp. v. Hospital Products Ltd.

Court of Appeals for the Seventh Circuit

Decided January 2, 1986No. 85-2203Published

1DissentSwygert, Senior Circuit Judge

The court today continues what it began in Roland Machinery v. Dresser Industries, 749 F.2d 380 (7th Cir.1984): a wholesale revision of the law of preliminary injunctions. In affirming the district court’s grant of a preliminary injunction, the court goes through the motions of evaluating the decision below according to the well-settled precepts of the law of injunctions, but affirms, in fact, on the basis of its independent evaluation of the case. In so doing this court, as in Roland, again transgresses the limits of its appellate authority.

I

Hospital Products Ltd. (“HPL”) is an Australian…

2Cases cited22 opinions

  1. Roland MacHinery Company v. Dresser Industries, Inc.Court of Appeals for the Seventh Circuit · 1984
  2. Semmes Motors, Inc., Suing on Behalf of Itself and Together With Ford Dealers Alliance, Inc., Etc. v. Ford Motor CompanyCourt of Appeals for the Second Circuit · 1970
  3. United States v. Carroll Towing Co.Court of Appeals for the Second Circuit · 1947
  4. The Washington Post Company v. United States Department of Health and Human ServicesCourt of Appeals for the D.C. Circuit · 1982
  5. Larry McCall Cross-Appellant v. Gayle Franzen, Cross-AppelleesCourt of Appeals for the Seventh Circuit · 1985

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