Nixon Construction Co. v. Frick Co.

MANSFIELD, District Judge.

Plaintiffs commenced this diversity suit for breach of contract in this Court in June of 1968, and on June 19, 1968 served defendant with an order to show cause signed by Judge Frankel, containing an ex parte stay of all proceedings on the part of defendant to foreclose mortgages which it held to secure payment of installment notes given by plaintiff Overmyer to defendant. In addition, the order also stayed defendant from taking any action with respect to past due installment notes. On July 5, 1968 Judge Frankel vacated the above stay.

Thereafter, defendant commenced…