Three D Departments, Inc. v. K Mart Corp.

MEMORANDUM OPINION

BRIAN BARNETT DUFF, District Judge.

In the wake of this court’s refusal to grant summary judgment to either party, see Three D Departments, Inc. v. K Mart Corp., 732 F.Supp. 901 (N.D.Ill.1990), the court now has before it K Mart Corporation’s supplemental motion for summary judgment and Three D Departments, Inc.’s motion for reconsideration of the court’s prior order. 1 Between these two motions the court can draw the parties’ dispute over K Mart’s liability to a close.

K Mart addresses its motion chiefly to the court’s observation that par. 1(b) of K Mart’s License Agreement…