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LANDMARK LAND CO., INC. v. SPRAGUE

Nos. 10, 35, Dockets 82-7156, 82-7246.

701 F.2d 1065 (1983)

LANDMARK LAND COMPANY, INC., Plaintiff-Appellee, v. Irvine H. SPRAGUE, William M. Isaac, John G. Heimann, James E. Burns, Federal Deposit Insurance Corporation and the United States of America, Defendants, Mercantile National Bank of Chicago, Mercantile Holdings, Inc., James R. Frankel, California Canadian Bank, as Executor with Will Annexed of the Estate of Leonard B. Ettelson, Deceased, Michael B. Schwartz, as Executor of the Estate of Leonard B. Ettelson, Deceased, William P. Bright, and Landmark Land Company, Inc., Counterclaim-Defendants, Mercantile National Bank of Chicago and Mercantile Holdings, Inc., Counterclaim-Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided March 1, 1983.

Attorney(s) appearing for the Case

Howard G. Kristol, New York City (Robert L. Sills, William I. Sussman, Reboul, MacMurray, Hewitt, Maynard & Kristol, New York City, of counsel), for plaintiff-appellee.

Daniel J. Kornstein, New York City (Kornstein, Meister & Veisz, New York City, Edward J. Whalen, Flaherty & Whalen, Chicago, Ill., of counsel), for counterclaim-defendants-appellants.

Before LUMBARD, OAKES and WINTER, Circuit Judges.

WINTER, Circuit Judge:

Mercantile National Bank of Chicago and Mercantile Holdings, Inc. (collectively, "Mercantile"), appeal from orders of the United States District Court for the Southern District of New York, Lee P. Gagliardi, Judge, granting plaintiff-appellee Landmark Land Company's ("Landmark") motions for partial summary judgment, 529 F.Supp. 971 (1981), and for an injunction enjoining any party from instituting...

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