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EMPIRE LIFE INSURANCE COMPANY OF AMERICA v. LORENZ

No. 71-1527 Summary Calendar.

445 F.2d 293 (1971)

EMPIRE LIFE INSURANCE COMPANY OF AMERICA, Plaintiff-Appellant, v. Robert L. LORENZ et al., Defendants, Surfside Estates, Inc., et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

July 15, 1971.

Attorney(s) appearing for the Case

Douglas E. Bergman, Tom Thomas, Dallas, Tx., Ormand & Thomas, Dallas, Tex., for plaintiff-appellant.

Thomas W. Luce, III, Daniel K. Hennessy, Dallas, Tex., Egerton K. van den Berg, Francis V. Gay, Orlando, Fla., van den Berg, Gay, Burke & Dyer, Orlando, Fla., for defendants-appellees.

Before WISDOM, COLEMAN and SIMPSON, Circuit Judges.

PER CURIAM:

Empire Life Insurance Company of America (Empire), an Alabama corporation with its home office in Dallas, Texas, brought suit in the district court to enjoin the prosecution of a civil action which had been commenced months previously in the Circuit Court of the Ninth Judicial Circuit of Florida for Orange County, Florida. The district court initially granted Empire a temporary restraining order but after a hearing refused to issue a temporary injunction...

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