MEMORANDUM OPINION AND ORDER
SHADUR, District Judge.
American Hardware Mutual Insurance Company ("American Hardware") has sued John P. Moran ("Moran") and Frank B. Hall and Co. of California ("Hall") for antitrust violations (Counts I and II), breach of a covenant not to compete (Count III) and various acts of unfair competition (Counts IV and V). American Hardware moved for a preliminary injunction on Count III
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