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FIDELITY MORTGAGE INVESTORS v. FIRST NAT. CITY BANK

No. 74 Civ. 2818 (JMC).

387 F.Supp. 544 (1974)

FIDELITY MORTGAGE INVESTORS, Plaintiff, v. FIRST NATIONAL CITY BANK as Indenture Trustee, Defendant-Counterplaintiff, v. BANK LEUMI TRUST COMPANY et al., Additional Defendants on the Counterclaim.

United States District Court, S. D. New York.

December 31, 1974.

Attorney(s) appearing for the Case

Satterlee & Stephens, New York City, and Milam, Martin & Ade, Jacksonville, Fla. (Henry J. Formon, Jr., New York City, and John H. Wilbur, Jacksonville, Fla., of counsel), for plaintiff.

Shearman & Sterling, New York City (Richard F. Russell, New York City, of counsel), for defendant First Nat. City Bank.

MEMORANDUM DECISION

CANNELLA, District Judge:

This action for a declaratory judgment pursuant to 28 U.S.C. § 2201 (and certain other relief, infra) is presently before the Court on plaintiff's application for a preliminary injunction. Plaintiff, Fidelity Mortgage Investors [hereinafter "the Trust"] (a real estate investment trust), seeks an order restraining the defendant, First National City Bank [hereinafter "the Trustee"], from taking any...

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