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QUESTION: Did they not ask for a trial? I thought <br />that they asked for a trial. <br />MR. MCDOWELL: They did. <br />QUESTION: So they obviously are not satisfied with <br />5 the record. <br />MR. MCDOWELL: Well, that is the way that the <br />7 picketers have to construe the status of the rase at this <br />R point. <br />QUESTION: But before us today, I guess that <br />tO Mr. Fuhrman says that he does not now want a trial. <br />11 Is that what you heard? <br />12 MR. MCDOWELL: That is what I heard. So that is <br />13 something that is Mr. Fuhrman's decision to make, and not the <br />14 decision of the picketers, since we did not request a trial. <br />15 QUESTION: The problem here is not finality at all, I <br />16 do not think, under the provisions of the statute. An order <br />17 granting a preliminary injunction is appealable. The only <br />18 question is what standard of review do you use in judging <br />19 whether or not the preliminary injunction was correctly <br />20 granted. <br />21 Everybody concedes that there was at least a <br />22 preliminary injunction. That is appealable to the Seventh <br />23 Circuit, and we have jurisdiction to review a rase that is in <br />24 the Seventh Circuit. <br />25 MR. MCDOWELL: Yes, it would be reviewed on the basis <br />26 <br />Heritage Reporting Corporation <br />(202) 628-4888 <br />