with Justice White’s comments concerning “penal sanctions”); id. at 759, 91 S.Ct. 2140 (Blackmun, J., dissenting) (expressing "substantial accord” with Justice White's comments concerning criminal sanctions). In dissent, Justice Harlan, joined by Chief Justice Burger and Justice Blackmun, listed among "questions [which] should have been faced" — "Whether the newspapers are entitled to retain and use the documents notwithstanding the seemingly uncontested facts that the documents, or the originals of which they are duplicates, were purloined from the Government’s possession and that the newspapers received them with knowledge that they had been feloniously acquired.” Id. at 753-54 (Harlan, J., dissenting) (citing Liberty Lobby, Inc. v. Pearson, 390 F.2d 489 (D.C.Cir.1967, amended 1968) (<HOLDING>)). 13 . McDermott also relies on the following
holding that a hearing must be held to determine credibility in preliminary injunction cases holding that when the district court applies the wrong preliminary injunction standard this court may review the record to determine whether the injunction is justified holding that defendant is not entitled to a preliminary injunction where defendant photocopied and then sold plaintiffs book after its copyright expired holding that plaintiffs were not entitled to a preliminary injunction recognizing the inappropriateness of a preliminary injunction where credibility determinations must be made but granting a preliminary injunction because the legal and factual issues have been sufficiently illuminated