Irwin Industrial Tool Company et al v. Worthington Cylinders Wisconsin, LLC et al

Filing 376

ORDER granting 372 Motion to Vacate Permanent Injunction re: 336 Judgment, 334 Order on Motion for Permanent Injunction.Signed by District Judge Martin Reidinger on 7/5/11. (gpb)

IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL CASE NO. 3:08cv291

IRWIN INDUSTRIAL TOOL COMPANY,
d/b/a BernzOmatic and NEWELL
OPERATING COMPANY,

)
)
)
)
Plaintiffs,
)
)
)
vs.
)
)
)
WORTHINGTON CYLINDERS WISCONSIN, )
LLC, WORTHINGTON CYLINDER
)
CORPORATION, and WORTHINGTON
)
INDUSTRIES, INC.,
)
)
Defendants.
)
)

ORDER

THIS MATTER is before the Court on the parties’ Joint Motion for
Order Vacating Permanent Injunction [Doc. 372].
For the reasons stated in the parties’ motion, the Court will vacate the
permanent injunction previously entered in this case.
IT IS, THEREFORE, ORDERED that the parties’ Joint Motion for
Order Vacating Permanent Injunction [Doc. 372] is GRANTED; the
October 1, 2010 Memorandum of Decision and Order [Doc. 334] and the
October 1, 2010 Amended Judgment [Doc. 336], insofar as and only to the

extent that each grants Irwin Industrial Tool Company d/b/a BernzOmatic’s
Motion for Entry of a Permanent Injunction [Doc. 299], are hereby
VACATED; and the Permanent Injunction entered in this matter against
Worthington Cylinders Wisconsin, LLC and Worthington Cylinders
Corporation, and their respective officers, agents, servants, employees,
affiliates, successors and assigns, and any and all persons acting in
concert or participating with them, is hereby VACATED.
IT IS SO ORDERED.
Signed: July 5, 2011

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