IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF VIRGINIA
Alexandria Division

AMERICA ONLINE, INC.

Plaintiff,

V.

OVER THE AIR EQUIPMENT, INC.

ORDER

The Court has received defendants’ Motion to Suspend the Preliminary Injunction Pending Appeal in which defendants argue that the injunction is defective because it fails to include or its face the factual findings and legal authority upon which it is based. Defendants also argue that the injunction is overbroad and vague because it does not define "unsolicited" and "electronic communication."

Having considered these issues, the Court finds no basis to suspend the injunction. Rather, it will amend the injunction to address these problems because the court remains convinced that on the record of this case, only injunctive relief can adequately protect the plaintiff.

For these reasons, defendants' Motion to Suspend the Preliminary Injunction Pending Appeal is DENIED.

The Clerk is directed to forward copies of this Order to counsel of record and to remove this matter from the November 21, 1997, notions docket.

Entered this 19th day of November, 1997.

Leonie M. Brinkema

United States District Judge