DISCLAIMER:  Any unofficial case summaries below are prepared by the clerk's office
                        as a courtesy to the reader. They are not part of the opinion of the court.

123521P.pdf   07/16/2013  Home Instead, Inc.  v.  David Florance
   U.S. Court of Appeals Case No:  12-3521
   U.S. District Court for the District of Nebraska - Omaha   
   [PUBLISHED] [Shepherd, Author, with Riley, Chief Judge, and Melloy, 
   Circuit Judge] 
   Civil case - Contracts. In denying defendant's motion for a preliminary 
   injunction to permit it to continue operating its franchise, the district 
   court erred in determining that the relevant provisions of the franchise 
   agreement were unambiguous and that defendant could not demonstrate a 
   probability of success on the merits given the court's interpretation of 
   the agreement; the matter is remanded to the district court for further 
   evaluation in light of this opinion and the other Dataphase factors 
   governing the issuance of preliminary injunctions. Chief Judge Riley, 
   dissenting.