Valley Properties, Inc. v. King's Department Stores of Tewksbury, Inc.

MEMORANDUM OF DECISION

ZOBEL, District Judge.

This is a declaratory judgment action by Valley Properties, Inc. (“Valley”) and East Bay Development Corporation (“East Bay”) (sometimes collectively referred to as “plaintiffs”) against King’s Department Stores of Tewksbury, Inc. and King’s Department Stores, Inc. (“King’s”, or collectively “defendants”). K-Mart Corp., formerly S.S. Kresge Co., has been joined as an additional party defendant. The case is before me on cross motions for summary judgment with respect to Count II of the complaint; for the purpose of these motions, the facts may be…