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11. Suppose plaintiffs request a preliminary injunction against the dispersal of blackbirds infesting an airport, and defendants claim that the airport will have to be
11. Suppose plaintiffs request a preliminary injunction against the dispersal of blackbirds infesting an airport, and defendants claim that the airport will have to be closed unless they can proceed with the dispersal immediately. The judge determines that (1) there is a 40 percent probability that the defendants are entitled to proceed unhindered, but that there would be irreparable harm of $100 to the plaintiffs if this is incorrect; (2) there is a 30 percent probability that the plaintiffs are entitled to stop the project, but there would be irreparable harm of $100 to the defendants if this in incorrect; and (3) there is a 30 percent probability that the defendants should proceed, but only with certain safeguards; but with probability 35 percent this would be insufficient relief for the defendants, causing irreparable harm to them of $80; and with probability 35 percent this would be insufficient relief for the plaintiffs, resulting in irreparable harm to them of $80. What should the judge do
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