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BOREY v. NATIONAL UNION FIRE INS. CO.

Nos. 1325, 1326, Docket 90-9093, 90-9111.

934 F.2d 30 (1991)

George S. BOREY, et al., Plaintiffs, Lewis Lanese, et al., Plaintiffs-Appellants, v. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PENNSYLVANIA, et al., Defendants, Reliance Insurance Company, Defendant-Appellee. Norman M. BRUCE, et al., Plaintiffs, A. Burton White, et al., Plaintiffs-Appellants, v. Thomas A. MARTIN, et al., Defendants, Reliance Insurance Company, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided May 29, 1991.

Attorney(s) appearing for the Case

Philip Fertik, Chicago, Ill. (Marilyn Neiman, Patricia C. Hayashi, Beigel & Sandler, New York City, of counsel), for plaintiffs-appellants.

William R. Mait, New York City (Robert R. Wang, Mait, Wang & Simmons, Brown & Wood, New York City, of counsel), for defendant-appellee.

Before OAKES, Chief Judge, KEARSE and McLAUGHLIN, Circuit Judges.

McLAUGHLIN, Circuit Judge:

Plaintiffs-appellants ("the Investors" or "the principals") appeal from an order granting a preliminary injunction to defendant-appellee, Reliance Insurance Company ("Reliance" or "the surety"), which required the Investors to pay into the court their respective shares of unpaid installments on certain promissory notes pending the outcome of the litigation. Judge Sweet granted the preliminary injunction in order to enforce the surety's rights...

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