Rufenacht v. La Carte Enterprises, Inc.

OPINION

DIAMOND, District Judge.

Plaintiffs brought this diversity suit, inter alia, to replevy certain of their cattle which are now in defendants’ possession. The matter before the court is plaintiffs’ motion for a writ of seizure by which they seek to obtain immediate possession of the cattle pending a final determination of all claims made in their complaint.1 Following an evidentiary hearing, briefs and oral argument, we conclude that the motion should be granted.

FINDINGS OF FACT

1. ' Plaintiff Robert D. Rufenacht is a citizen of Arizona, plaintiff Willard V. Palmer is a citizen of Indiana,…