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EBSCO INDUSTRIES, INC. v. LILLY

No. 86-3595.

840 F.2d 333 (1988)

EBSCO INDUSTRIES, INC., Plaintiff-Appellee, v. Thomas E. LILLY, Third-Party-Plaintiff, Defendant-Appellant, J. Richard Egan; Richard D. Egan; and J. Edward Porter, III, Defendants.

United States Court of Appeals, Sixth Circuit.

Decided February 23, 1988.

Attorney(s) appearing for the Case

William H. Blessing (argued), David A. Caldwell, Cincinnati, Ohio, for third-party-plaintiff, defendant-appellant.

David C. Greer, Dayton, Ohio, Clement J. DeMichelis, R. Gary Winters (argued), Cincinnati, Ohio, for plaintiff-appellee.

Before MERRITT and RYAN, Circuit Judges, and BROWN, Senior Circuit Judge.

MERRITT, Circuit Judge.

This appeal raises questions under Rule 64, Fed.R.Civ.P. which provides for prejudgment attachment to preserve assets for the payment of anticipated judgments and under Rule 65, which provides for injunctive relief. Specifically the issue is whether the District Court may use its injunctive powers under Rule 65 instead of its attachment authority under Rule 64 in order to preserve assets prior to trial...

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