Legal Opinion
Fox's Foods, Inc. v. Kmart Corp.
District Court, M.D. Pennsylvania
Decided August 31, 1994No. Civ. 92-1810PublishedCited by 15 opinions
1Opinion of the Court
MEMORANDUM
VANASKIE, District Judge.
This Memorandum and accompanying Order address defendant Kmart Corporation’s motion for summary judgment, (Dkt. Entry # 34), for which briefing was completed on November 3, 1993. (Dkt. Entry 38.) For the following reasons, the motion will be granted in part and denied in part.
Background
In March of 1990, plaintiff Fox’s Foods, Inc., which owns and operates retail grocery stores, entered into a lease agreement (the “Lease”) with a limited partnership, the “CNE-Festival at Prospect Road Limited Partnership.” The Lease covered both the construction of a store…
2Cases cited39 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Chiarella v. United StatesSupreme Court of the United States · 1980
- Mellon Bank, N.A. v. Aetna Business Credit, Inc.Court of Appeals for the Third Circuit · 1980
- Delahanty v. First Pennsylvania Bank, N.A.Supreme Court of Pennsylvania · 1984
- Pastore v. Bell Telephone Co. of PennsylvaniaCourt of Appeals for the Third Circuit · 1994
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3Cited by15 opinions
- Sunquest Information Systems, Inc. v. Dean Witter Reynolds, Inc.District Court, W.D. Pennsylvania · 1999
- Synthes, Inc. v. Emerge Medical, Inc.District Court, E.D. Pennsylvania · 2014
- Giordano v. ClaudioDistrict Court, E.D. Pennsylvania · 2010
- Rosen v. Communication Services Group, Inc.District Court, E.D. Pennsylvania · 2001
- First Republic Bank v. Brand, Pennsylvania Court of Common Pleas, Philadelphia County2000
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