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TECH HILLS II v. PHOENIX HOME LIFE MUT. INS. CO.

Nos. 92-1048, 92-1068.

5 F.3d 963 (1993)

TECH HILLS II ASSOCIATES, Plaintiff-Appellant, Cross-Appellee, v. PHOENIX HOME LIFE MUTUAL INSURANCE COMPANY, Defendant-Appellee, Cross-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided August 17, 1993.

Rehearing and Suggestion for Rehearing Denied October 12, 1993.

Attorney(s) appearing for the Case

Norman C. Ankers (argued and briefed), Lee W. Brooks (briefed), Honigman, Miller, Schwartz & Cohn, Detroit, MI, for plaintiff-appellant cross-appellee.

Mark W. McInerney, James E. Brenner (argued and briefed), Robert R. Maxwell, Mary C. Dirkes, Houghton, Potter, Sweeney & Brenner, Detroit, MI, for defendant-appellee cross-appellant.

Before: KENNEDY and MARTIN, Circuit Judges; and WISEMAN, District Judge.

Rehearing and Suggestion for Rehearing En Banc Denied October 12, 1993.

KENNEDY, Circuit Judge.

This diversity action involves the failed contract negotiations between plaintiff Tech Hills II Associates ("Tech Hills"), a Michigan partnership created to own and develop real estate, and defendant Phoenix Home Life Mutual Insurance Company ("Phoenix"), a potential lender for development. Tech Hills appeals and Phoenix cross-appeals from the judgment dismissing...

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