Opinion
No. 13093.
Argued April 5, 1960.
Decided May 3, 1960.
Appeal from the United States District Court for the District of Delaware; Caleb M. Wright, Judge.
William E. Taylor, Jr., Wilmington, Del., for appellants.
Arthur J. Sullivan, E. Dickinson Griffenberg, Wilmington, Del. (Killoran Van Brunt, Wilmington, Del., Morris, James, Hitchens Williams, Wilmington, Del. on the brief), for appellees.
Before McLAUGHLIN, STALEY and FORMAN, Circuit Judges.
In this diversity action plaintiffs sought preliminary and permanent injunctions against defendants constructing a shopping center in Swanwyck, Delaware on the ground that the construction violated certain applicable building restrictions. After the court's refusal to allow a temporary restraint of the construction, both sides moved for summary judgment. In granting the defense motion and denying that of plaintiffs, Chief Judge Wright held that the restrictions urged by appellants were not binding on the land involved. His opinion fully covers the issue and does, we think, soundly and fairly decide it.
The judgment of the district court will be affirmed. 177 F. Supp. 491.