Western & Southern Life Insurance v. Crown American Corp.

OPINION AND ORDER RE: INTERLOCUTORY INJUNCTIVE RELIEF

BERTELSMAN, Chief Judge.

I. Introduction

This matter involves the Florence Mall and the series of agreements between the four anchor department stores and the owner/developer of the mall. The controversy requires the court to interpret the agreements in light of the closure of one of the anchors and the impending sale of its site to one of the other existing anchors.

The owner/developer of the mall is Western & Southern Life Insurance Company (hereinafter “Western & Southern”). The anchor store that closed is Hess’s Department Stores, Inc., a…