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FRANK'S NURSERY SALES, INC. v. AMERICAN NAT. INS. CO.

Civ. A. No. 38093.

388 F.Supp. 76 (1974)

FRANK'S NURSERY SALES, INC., a Michigan Corporation, Plaintiff and Counter-Defendant, v. AMERICAN NATIONAL INSURANCE COMPANY, a Foreign Corporation, and Citizens Mortgage Corporation, a Michigan Corporation, Defendants and Counter-Plaintiffs.

United States District Court, E. D. Michigan, S. D.

October 7, 1974.

Attorney(s) appearing for the Case

Sheldon G. Larky, Southfield, Mich., for plaintiff and counter-defendant.

Avern Cohn, Detroit, Mich., for defendants and counter-plaintiffs.

MEMORANDUM OPINION

PHILIP PRATT, District Judge.

Frank's Nursery Sales, Inc., a Michigan corporation (Frank's), instituted its suit against American National Insurance Company, a foreign corporation (American), seeking to recover a standby fee paid by Frank's as a result of the failure of the parties to complete a mortgage transaction. Jurisdiction is founded on diversity under 28 U.S.C. § 1332.

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