CHARLES J. LYBARGER ESQ.
Nevada Bar No. 004681
LYBARGER, BUNIN & BUNIN
520 So. Forth, Ste. 320
Las Vegas, Nevada 89101
(702) 386-0333
Attorneys for Defendant
UNITED STATES CHESS FEDERATION
DISTRICT COURT
CLARK COUNTY NEVADA
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STAN VAUGHAN, and individual; and
NEVADA STATE CHESS ASSOCIATION, INC.,
a Nevada corporation,
Plaintiffs,
CASE NO. A369674
DEPT. NO.: IV
DCKT. NO. L
v.
UNITED STATES CHESS FEDERATION, an
Illinois. corporation; and ALLEN MAGRUDER,
and individual,
Defendants
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UNITED STATES CHESS FEDERATION, an
Illinois. corporation; and ALLEN MAGRUDER,
and individual,
v.
STAN VAUGHAN and individual, and
NEVADA STATE CHESS ASSOCIATION, INC.,
a Nevada corporation,
Counterdefendants.
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ORDER
Plaintiff's Motion for Preliminary Injunction and Counterdefendants' Countermotion for Preliminary Injunction having been brought before this Court,
Plaintiffs/Counterdefendants STAN VAUGHAN and NEVADA STATE CHESS ASSOCIATION, Inc., being represented by Brent Percival, Esq., Defendant/Counterclaimant UNITED STATES CHESS FEDERATION being represented by Charles J. Lybarger Esq., and Defendant/Counterclaimant ALLEN MAGRUDER being represented Joseph D. Bunin, Esq., the court having reviewed the briefs and evidence submitted by the parties, having heard oral argument, and good cause therefore:
IT IS HEREBY ORDERED that plaintiffs STAN VAUGHAN and NEVADA STATE CHESS ASSOCIATION, INC.'s Motion for Preliminary injunction is Denied;
IT IS FURTHER ORDERED that Counterclaimants UNITED STATES CHESS FEDERATION and ALLEN MAGRUDER's, Countermotion for Preliminary Injunction is granted;
IT IS FURTHER ORDERED that a preliminary injunction is hereby issued against Plaintiffs STAN VAUGHAN and NEVADA STATE CHESS ASSOCIATION, INC., who are hereby ordered to refrain from the following conduct;
1. Asserting that STAN VAUGHAN and/or NEVADA STATE CHESS ASSOCIATION, Inc. are the official state affiliate for the UNITED STATES CHESS FEDERATION;
2. Asserting that STAN VAUGHAN and/or NEVADA STATE CHESS ASSOCIATION, INC., are authorized to use UNITED STATES CHESS FEDERATION Affiliate #T6009686;
3. Asserting that STAN VAUGHAN and/or NEVADA STATE CHESS ASSOCIATION, INC., or any other club, group, organization or individual is the official Nevada state affiliate of the UNITED STATES CHESS FEDERATION, other than Nevada Chess, Inc. or whomever the UNITED STATES CHESS FEDERATION so designates;
4. Asserting that chess games played at any event sponsored by STAN VAUGHAN and/or NEVADA STATE CHESS ASSOCIATION, INC., their affiliates, employees, or associates is rated by the UNITED STATES CHESS FEDERATION, without a legitimate UNITED STATES CHESS FEDERATION Identification Number or an express acknowledgment of that fact from the UNITED STATES CHESS FEDERATION.
IT IS FURTHER ORDERED that Counterclaimants UNITED STATES CHESS FEDERATION and ALLEN MAGRUDER shall be required to post cash or bond in the Amount of $100.00 each, for a total of $200.00 with the Clerk of the Court before this Preliminary injunction shall take effect;
IT IS FURTHER ORDERED that Counterclaimants UNITED STATES CHESS FEDERATION and ALLEN MAGRUDER's Motion to Dismiss Plaintiff's Complaint is granted without prejudice.
DATED this 7th day of August 1998
/s/ D. C. Hardcastle
___________________________
DISTRICT COURT JUDGE
Submitted by:
LYBARGER, BUNIN & BUNIN
By:_____________________________
CHARLES J. LYBARGER, ESQ.
Nevada Bar No. 004681
520 So. Fourth, Ste. 320
Las Vegas, Nevada 89101
Attorneys for Defendant
UNITED STATES CHESS FEDERATION