J.C. Penney Company, Inc. v. Giant Eagle, Inc.

85 F.3d 120

J.C. PENNEY COMPANY, INC., Appellee,

v.

GIANT EAGLE, INC.; Giant Eagle Markets, Inc., and Stanley

R. Gumberg, Individually and as Trustee under

those certain Irrevocable Deeds of Trust

dated May 9, 1969, Giant

Eagle, Inc., Appellant.

No. 95-3054.

United States Court of Appeals,

Third Circuit.

Argued Oct. 27, 1995.

Decided May 24, 1996.

Ralph A. Finizio (argued), Houston Harbaugh, Pittsburgh, PA, for appellee.

Bernard D. Marcus, David B. Rodes (argued), Marcus & Shapira, Pittsburgh, PA, for appellant.

Before: STAPLETON, McKEE, Circuit Judges, and JOHN R. GIBSON, Senior Circuit Judge.*

OPINION OF…