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DIVERSIFIED MORTG. INVESTORS v. U.S. LIFE INS. CO.

No. 363, Docket 75-7428.

544 F.2d 571 (1976)

DIVERSIFIED MORTGAGE INVESTORS, Plaintiff-Appellee, v. U. S. LIFE TITLE INSURANCE COMPANY OF NEW YORK, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided June 30, 1976.

Attorney(s) appearing for the Case

Jesse I. Levine, New York City (Shaw & Levine, New York City, of counsel), for defendant-appellant.

Dorothy F. Gray, New York City (Trubin, Sillcocks, Edelman & Knapp, New York City, Paul E. Roberts, Howard M. Goldstein, New York City, of counsel), for plaintiff-appellee.

Before TIMBERS, VAN GRAAFEILAND and MESKILL, Circuit Judges.

VAN GRAAFEILAND, Circuit Judge:

This is an appeal from an order of the United States District Court for the Southern District of New York which granted plaintiff a preliminary injunction and denied defendant's motion to dismiss the complaint. The preliminary injunction permanently amended the provisions of a policy of title insurance between appellant and appellee by negating several of the terms and conditions contained therein. For the reasons hereafter discussed...

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