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HUBBARD BUSINESS PLAZA v. LINCOLN LIBERTY LIFE INS.

No. CV-R-82-7-ECR.

649 F.Supp. 1310 (1986)

HUBBARD BUSINESS PLAZA, a Nevada general partnership, Plaintiff, v. LINCOLN LIBERTY LIFE INSURANCE COMPANY, a Nebraska corporation, Defendant. LINCOLN LIBERTY LIFE INSURANCE COMPANY, a Nebraska corporation, Counterclaimant, v. Robert DELLER; Theodore J. Day; Jack E. McCorkle; Ray L. Wilbur III; et al., Counterdefendants.

United States District Court, D. Nevada.

December 12, 1986.

Attorney(s) appearing for the Case

Richard W. Horton, Reno, Nev., for plaintiffs and counterdefendants Robert R. Deller, Theodore J. Day, Jack E. McCorkle, Ray L. Wilbur, III, Preston Q. Hale & Hubbard Business Plaza.

Franny A. Forsman, Las Vegas, Nev., and Jesse M. Villareal, Dallas, Tex., for defendant Lincoln Liberty Life Ins. Company.

C. David Russell, Guild, Hagen & Clark, Reno, Nev., for counterdefendants Nevada Nat. Bank and Lenny See.

MEMORANDUM DECISION AND ORDER

EDWARD C. REED, Jr., Chief Judge.

Plaintiff (Hubbard) brought this action in January of 1982 seeking to have defendant (Lincoln) restrained from collecting on a letter of credit Hubbard had given to Lincoln to secure payment of liquidated damages which would become payable to Lincoln if Hubbard defaulted on a loan commitment agreement (l.c.a.) which the parties executed under date of June 1, 1979.

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