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GENERAL INS. CO. OF AMERICA v. LOWRY

Civ. No. C-3-75-52.

412 F.Supp. 12 (1976)

GENERAL INSURANCE COMPANY OF AMERICA, Plaintiff, v. Edward F. LOWRY et al., Defendants.

United States District Court, S. D. Ohio, W. D.

April 29, 1976.

Attorney(s) appearing for the Case

J. Paul McNamara, Paul Tague, McNamara & McNamara, Columbus, Ohio, for plaintiff.

Jacob A. Myers, Kusworm & Myers, Dayton, Ohio, for defendants.

FINDINGS OF FACT, OPINION AND CONCLUSIONS OF LAW

CARL B. RUBIN, District Judge.

This is an action to compel specific performance of an agreement. It was heard on June 20, 1975, for purposes of a preliminary injunction and on the merits on February 2, 1976. In accordance with Rule 65(a)(2), evidence presented at the hearing for preliminary injunction was deemed to be evidence on the merits as well and has been considered by the Court in reaching its determination...

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