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PENN MUT. LIFE INS. COMPANY v. CLEVELAND MALL ASSOCIATES

No. 1:93-cv-77.

916 F.Supp. 715 (1996)

PENN MUTUAL LIFE INSURANCE COMPANY, Plaintiff, v. CLEVELAND MALL ASSOCIATES; Clev-Tenn Associates; Cleveland Mall Corporation; Steven Frankel; Martin Barell; Donald Shack; C.B.L. Management, Inc.; Lebcon Associates; and Sears, Roebuck and Co., Inc., Defendants.

United States District Court, E.D. Tennessee.

February 7, 1996.

Attorney(s) appearing for the Case

Harry S. Mattice, Jr.; Roger W. Dickson, Miller & Martin, Chattanooga, TN, for Plaintiff.

Hugh J. Moore, Jr.; Philip B. Whitaker, Jr., Witt, Gaither & Whitaker, Chattanooga, TN, and Richard M. Resnik, Mandel & Resnik, New York City, for Defendants.

MEMORANDUM AND ORDER

EDGAR, District Judge.

I.

This matter is before the Court upon the motion in limine of defendants CBL Management, Inc. ("CBLM"), Lebcon Associates ("Lebcon") and CBL Associates, Inc. ("CBLA") (collectively the "CBL" defendants) (Court File No. 196) and the motion in limine of Cleveland Mall Associates ("CMA"), Cleveland Mall Corporation ("CMC"), Clev-Tenn Associates ("Clev-Tenn"), Martin C. Barell ("Barell"),

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