of the application for preliminary injunction.
An evaluation of the testimony given by defendant, called as a witness for cross-examination, together with the answers elicited from plaintiff by way of deposition and interrogatory, as well as the pleadings and verified complaint offered in evidence, has convinced me that irreparable injury may result during pendency of this action, unless such temporary injunction is granted.
Accordingly, the Court makes the following findings of fact and conclusions of law:
Findings of Fact
1. In 1945, plaintiff and defendant associated themselves as partners under the name, Coleman Motor Company.
2. Said partnership was engaged in carrying on a new car automobile sales agency.
3. Said business was conducted at 519-521-523 Penn Avenue, Wilkinsburg, Pennsylvania.
4. Said real estate remained in the defendant's name until the same was conveyed by deed dated January 16, 1952 and recorded in the Recorder of Deeds Office of Allegheny County, Pennsylvania, on May 27, 1952 to the Coleman Motor Company, a corporation.
5. The plaintiff also claims as a partnership asset and now of the corporation, two lots adjoining and west of the property at 519-21-23 Penn Avenue, Wilkinsburg, Pennsylvania.
6. Title to the aforementioned lots is in the name of Clarence c. Coleman.
7. A substantial dispute exists concerning the aforesaid lots.
8. Among the assets of Coleman Motor Company is a Studebaker new car franchise issued in the names of plaintiff and defendant.
Conclusions of Law
1. The action is within the jurisdiction of this Court, based upon diversity of citizenship.
2. A substantial dispute exists, involving the real estate and new car franchise above referred to.
3. Plaintiff will suffer immediate and irreparable loss and damage if said real estate and franchise should be transferred by defendant, or if defendant should acquire in his own name alone a Studebaker new car franchise.
4. Plaintiff has made out a prima facie case entitling him to the injunctive relief prayed for.
5. The temporary restraining order should be extended until final adjudication herein.
An appropriate Order is entered.
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