Cascade Drive Limited Partnership v. Wal-Mart Stores, Inc.

W. EUGENE DAVIS, Circuit Judge:

Lessor Cascade Drive Limited Partnership (Cascade) sued lessee Wal-Mart Stores, Inc. (Wal-Mart) for specific performance on a lease and monetary damages. The district court concluded that the lease did not impose a duty of continuous operation on Wal-Mart and dismissed Cascade’s suit with prejudice. We affirm that part of the district court’s judgment dismissing Cascade’s claims for injunctive relief; however, we vacate that part of the district court’s judgment dismissing Cascade’s claims for monetary damages and remand those claims for further proceedings.

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