LePORE v. PARKER-WOODWARD CORP.

Nos. 89-73475, 89-73476, 89-73476, 89-73475.

823 F.Supp. 432 (1993)

Joseph LePORE, an individual, and Great Lakes Glass, Inc., Plaintiffs, v. PARKER-WOODWARD CORPORATION a/k/a Woodward-Parker Corporation, Rayco Group, Petersen Construction and Development, Inc., Rayco Group and Petersen Construction, a Joint Venture, Resolution Trust Corporation, as Receiver of New Guaranty Federal Savings and Loan Association, Bill Karl's Landscape Cont., Fantin Enterprises, Inc., Smith & Smith Associates, W.J. Stewart Contracting Corp., Bob Henderson Contractors, Tri-County Builder's Hardware Co., H.L. Claeys & Co., Riesch Floor Ceiling and Partition, Asphalt Specialists/Asphalt Renovations, Zilka Heating & Cooling, Inc., Gary's Electric Service Company, Pete's Painting, Northwest Propane, Inc., jointly and severally, Defendants. and LAKESIDE FLOOR CORPORATION, Cross-Plaintiff, v. PARKER-WOODWARD CORPORATION a/k/a Woodward-Parker Corporation, Rayco Group, Petersen Construction and Development, Inc., Rayco Group and Petersen Construction, a Joint Venture, Resolution Trust Corporation, as Receiver of New Guaranty Federal Savings and Loan Association, Bill Karl's Landscape Cont., Fantin Enterprises, Inc., Smith & Smith Associates, W.J. Stewart Contracting Corp., Bob Henderson Contractors, Tri-County Builder's Hardware Co., H.L. Claeys & Co., Riesch Floor Ceiling and Partition, Asphalt Specialists/Asphalt Renovations, Zilka Heating & Cooling, Inc., Gary's Electric Service Company, Pete's Painting, Northwest Propane, Inc., jointly and severally, Cross-Plaintiffs, WOODWARD-PARKER CORPORATION, Plaintiff, v. Raymond J. HUSIC; Carl Petersen; and Rayco/Petersen Group Construction, a joint venture, jointly and severally, Defendants, and RAYCO/PETERSEN GROUP CONSTRUCTION, Counter-plaintiff, v. WOODWARD-PARKER CORPORATION, Counter-defendant, and RAYCO/PETERSEN GROUP CONSTRUCTION, Third-Party Plaintiff, v. H. Wallace PARKER; Patricia W. Parker; Tri-County Builders Hardware Company; H.L. Claeys Company; Riesch Floor Covering; Lakeside Floor; Pontiac Ceiling Partitioning Company; Asphalt Specialists, Inc.; Zilka Heating; Gary's Electric; Pete's Painting; Bill Karl's Landscaping; Fantin Enterprises, Inc.; Smith & Smith Associates Architects; Bob Henderson Construction, Northwest Propane; W.J. Stewart Contract Corporation; and Resolution Trust Corporation, as Receiver of New Guaranty Federal Savings and Loan Association, Third-party Defendants, and LAKESIDE FLOOR CORPORATION, Third-party Cross and Counter-plaintiff, v. RAYCO/PETERSEN GROUP CONSTRUCTION, Third-party Counter-defendant, and H. Wallace Parker; Patricia W. Parker; Tri-County Builders Hardware Company; H.L. Claeys Company; Riesch Floor Covering; Lakeside Floor; Pontiac Ceiling Partitioning Company; Asphalt Specialists, Inc.; Zilka Heating; Gary's Electric; Pete's Painting; Bill Karl's Landscaping; Fantin Enterprises, Inc.; Smith & Smith Associates Architects; Bob Henderson Construction, Northwest Propane; W.J. Stewart Contract Corporation; Resolution Trust Corporation, as Receiver of New Guaranty Federal Savings and Loan Association; and Northern Propane, Inc., Third-party Cross-defendants.

United States District Court, E.D. Michigan, S.D.

January 15, 1993.


Attorney(s) appearing for the Case

Patricia M. Morrow, Dean & Fulkerson, Troy, MI, Michael J. Sugameli, Cummings, McClorey, Farmington Hills, MI, for Joseph LePore, Great Lakes Glass, Inc.

H. Wallace Parker, H. Wallace Parker Assoc., Bloomfield Hills, MI, for Parker-Woodward Corp.

D. Douglas McGaw, Poling, McGaw, Troy, MI, for Rayco Group.

David J. Lee, Booth, Patterson, Waterford, MI, for Bill Karl's Landscape Const.

Larry E. Powe, Freeman McKenzie, Mount Clemens, MI, Jeffrey L. Portis, Dold, Spath, Troy, MI, D. Douglas McGaw, Poling & McGaw, Troy, MI, for Peterson Const. and Development, Inc.

Larry E. Powe, Freeman McKenzie, Mount Clemens, MI, for Resolution Trust Corp.

Bruce M. Pregler, Grylls, Facca, Royal Oak, MI, for W.J. Steward Contracting Corp.

Steven G. Freers, Warren, MI, for H.L. Claeys and Co.

Jeffrey W. Rentschler, Ronald J. Gricius Assoc., Mount Clemens, MI, for Lakeside Floor.

Bradley J. McLampy, Robert M. Brimacombe, Conlin, McKenney, Ann Arbor, MI, for Pontiac Ceiling and Partition.

Leslie M. Sanders, Cook & Goetz, Birmingham, MI, for Asphalt Specialists/Asphalt Renovations.

Richard B. Smutek, Warren, MI, for Tri-County Builder's Hardware Co.

David J. Lee, Booth, Patterson, Waterford, MI, for Bill Karl's Landscape Const.


ORDER GRANTING WOODWARD-PARKER CORPORATION'S MOTION FOR INJUNCTIVE RELIEF AND MOTION FOR SANCTIONS

GADOLA, District Judge.

On December 21, 1992, this court, at the request of Woodward-Parker Corporation ("WPC"), entered an order requiring Resolution Trust Corporation ("RTC") to show cause as to why it should not be sanctioned and as to why an injunction should not issue ordering RTC to return to WPC's tenant, the Law Offices of H. Wallace...

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