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WARNER v. CENTRAL TRUST CO., N.A.

No. 83-3019.

715 F.2d 1121 (1983)

Marvin L. WARNER, Plaintiff-Appellant, v. The CENTRAL TRUST CO., N.A.; High Plains Drilling Partners 1980-II, Ltd., High Plains Drilling Co., Carl W. Swan; Federal Deposit Insurance Corp. Receiver of Penn Square Bank, N.A., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided September 7, 1983.

Attorney(s) appearing for the Case

Louis F. Gilligan (argued), Keating, Muething & Klekamp, Cincinnati, Ohio, for plaintiff-appellant.

W. Stuart Dornette (argued), Michael J. Zavatsky (on the brief), Taft, Stettinius & Hollister, Cincinnati, Ohio, for F.D.I.C.

Gerald L. Baldwin, Frost & Jacobs, Cincinnati, Ohio, for Central Trust.

Arnold Morelli, Cincinnati, Ohio, George Nelson (argued), Cleveland, Ohio, for High Plains Drilling.

Before KEITH and WELLFORD, Circuit Judges, and NIES, Circuit Judge.

WELLFORD, Circuit Judge.

Plaintiff-Appellant appeals the denial of the district court of injunctive relief sought to enjoin defendant-appellee Central Trust Company from honoring a letter of credit upon which defendant-appellee Federal Deposit Insurance Corporation (FDIC) seeks to collect. In response to an emergency motion filed by appellant, this court issued a temporary injunction on January 10, 1983, enjoining Central Trust from transmitting payment on appellant...

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