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SAINT ANTHONY-MINNEAPOLIS, INC. v. RED OWL STORES, INC.

No. 4-69 Civ. 124.

316 F.Supp. 1045 (1970)

SAINT ANTHONY-MINNEAPOLIS, INC., a Florida corporation, Plaintiff, v. RED OWL STORES, INC., a Delaware corporation, Defendant.

United States District Court, D. Minnesota, Fourth Division.

September 15, 1970.

Attorney(s) appearing for the Case

Dorsey, Marquart, Windhorst, West & Halladay, by John D. Levine, Minneapolis, Minn., for plaintiff.

Cant, Haverstock, Gray, Plant & Mooty, by Edward J. Callahan, Jr. and Charles Dayton, Minneapolis, Minn., for defendant.

NEVILLE, District Judge.

Before the court is a controversy stemming from a restrictive covenant in a shopping center lease agreement. The first issue for determination is whether the federal court's jurisdiction obtains over a case where a covenant in a lease to a food super market prohibiting the lessor shopping center developer and owner from leasing or selling space to another food super market within the shopping center or on any other property within 2,500 feet...

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