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PROHOSKY v. PRUDENTIAL INS. CO. OF AMERICA

No. 84-1699.

767 F.2d 387 (1985)

Robert PROHOSKY, et al., Plaintiffs-Appellees, v. The PRUDENTIAL INSURANCE COMPANY OF AMERICA, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided July 22, 1985.

Attorney(s) appearing for the Case

Wayne C. Ponader, Bose, McKinney & Evans, Indianapolis, Ind., for plaintiffs-appellees.

John R. Nesbitt, Rensselaer, Ind., for defendant-appellant.

Before ESCHBACH and COFFEY, Circuit Judges, and JAMESON, Senior District Judge.

COFFEY, Circuit Judge.

The defendant-appellant, Prudential Insurance Company of America, appeals the entry of an injunction preventing it from discharging water through the endguns of a central pivot irrigation system. We reverse and remand this case to the district court with instructions to vacate the injunction and proceed with the damage portion of this litigation.

I

The defendant, Prudential Insurance...

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