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UNITED OF OMAHA LIFE INS. CO. v. SOLOMON

No. 91-1332.

960 F.2d 31 (1992)

UNITED OF OMAHA LIFE INSURANCE COMPANY, a Nebraska corporation, Plaintiff-Appellee, v. Shelby P. SOLOMON, Director, Michigan Department of Management and Budget, William S. Warstler, Director, Office of Purchasing, Michigan Department of Management and Budget, Defendants, Royal Maccabees Life Insurance Company, Intervening Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided March 30, 1992.

Attorney(s) appearing for the Case

Jeffrey V. Stuckey, Joseph A. Fink (briefed), Peter H. Ellsworth (argued), Dickinson, Wright, Moon, Van Dusen & Freeman, Lansing, Mich., for plaintiff-appellee.

Louis B. Reinwasser (argued and briefed), Clifford T. Flood, Lawrence D. Owen (briefed), Miller, Canfield, Paddock & Stone, Lansing, Mich., for intervening defendant-appellant.

Before: RYAN and BOGGS, Circuit Judges, and HOOD, District Judge.

PER CURIAM.

This is an appeal from an order of the district court granting the plaintiff-appellee's motion for a preliminary injunction and denying the intervening defendant-appellant's motion for judgment on the pleadings. For the reasons which follow, we reverse the decision of the district court and remand with directions to dismiss the complaint.

I.

The pertinent facts are undisputed. The State of Michigan...

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