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DUNCAN MCINTOSH CO. v. NEWPORT DUNES MARINA LLC

No. SACV04-312AHSMCX.

324 F.Supp.2d 1078 (2004)

DUNCAN MCINTOSH COMPANY INC., etc., Plaintiff, v. NEWPORT DUNES MARINA LLC, etc., et al., Defendants.

United States District Court, C.D. California, Southern Division.

April 6, 2004.

Attorney(s) appearing for the Case

Stephen E. Blaine, Konrad L. Trope, Daniel J. Callahan, Stephen Z. Vegh, Sally L. Gersten, Callahan & Blaine, Santa Ana, CA, for Duncan McIntosh Co., Inc.

Paul J Marron, Walter Roberts, IV, Susan E. Rusnak, Marron and Associates, Long Beach, CA, for Southern Cal. Marine Ass'n, Inc.

Elizabeth Kimberly Penfil, Call Jensen and Ferrell, Newport Beach, CA, for Dunes Resort, LLC.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

STOTLER, District Judge.

I.

PROCEDURAL BACKGROUND

On March 22, 2004, plaintiff filed an ex parte application for a temporary restraining order and an order to show cause re: preliminary injunction. On March 23, 2004, the Newport Dunes Marina LLC, Dunes Resort LLC and Newport Dunes Resort and Marina (collectively "Dunes defendants") filed opposition thereto. On March 24, 2004, the Southern...

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