Hess's Department Stores, Inc. v. Ernest W. Hahn, Inc., Dba the Hahn Company

KENNEDY, Circuit Judge.

Appellant Hess’s Department Stores (Hess’s) appeals the District Court’s order granting summary judgment in favor of appellee Ernest W. Hahn, Inc. (Hahn). Finding no error in the District Court’s construction of the lease, we AFFIRM.

Hess’s operates a retail store in the Fort Henry Mall (Shopping Center) in Kings-port, Tennessee. Hahn owns the Shopping Center and leases premises to Hess’s under a written agreement. Hahn has recently agreed to lease premises at the Shopping Center to Proffitt’s, another department store. To provide the premises for Prof-fitt’s, Hahn…