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FIRST DEVELOPMENT CORP. v. MARTIN MARIETTA CORP.

Nos. 89-5093, 89-5136.

959 F.2d 617 (1992)

FIRST DEVELOPMENT CORPORATION OF KENTUCKY, Plaintiff-Appellee, Harmony Landing Development Company, Inc. (89-5136), Intervening Plaintiff-Appellant, v. MARTIN MARIETTA CORPORATION (89-5093), Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided March 26, 1992.

Rehearing Denied April 29, 1992.

Attorney(s) appearing for the Case

John R. McCall (argued and briefed), Thomas M. Quinn, Brown, Todd & Heyburn, Louisville, Ky., for plaintiff-appellee.

William P. Croley (argued and briefed), Brammel, Croley, Moore & Yates, LaGrange, Ky., for intervening plaintiff-appellant.

John G. Carroll (briefed), John K. Doll, Greenebaum, Boone, Treitz, Maggiolo, Reisz & Brown, Charles H. Zimmerman, Jr. (argued and briefed), Foley, Zimmerman & Bryant, Louisville, Ky., for defendant-appellant.

Before: NELSON, Circuit Judge; and BROWN and KRUPANSKY, Senior Circuit Judges.

PER CURIAM.

Appellants Martin Marietta Corporation (Martin Marietta) and Harmony Land Development Company (Harmony Land) have appealed from a judgment of the district court in this diversity case permanently enjoining Martin Marietta from selling a 15-acre parcel of riverfront real property to Harmony Land and ordering Martin Marietta to convey the said parcel to First Development Corporation of Kentucky (FDCK), the plaintiff below.

On May 9, 1988, Martin...

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