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DAYTON HUDSON CORP. v. MACERICH REAL ESTATE CO.

No. 85-1737.

812 F.2d 1319 (1987)

DAYTON HUDSON CORPORATION, a Minnesota Corporation, Plaintiff-Appellee, Fred Monsour, Trustee, Plaintiff-in-Intervention-Appellee, v. MACERICH REAL ESTATE COMPANY, a New York General Partnership, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

March 4, 1987.

Attorney(s) appearing for the Case

Stephen P. Friot of Spradling, Alpern, Friot & Gum, Oklahoma City, Okl., for plaintiff-appellee.

Robert C. Smith, Jr. of Monnet, Hayes, Bullis, Thompson & Edwards, Oklahoma City, Okl., for plaintiff-in-intervention-appellee.

Monty L. Bratcher of Bratcher & Teague (Terry F. Stokes, with him on the briefs), Oklahoma City, Okl., for defendant-appellant.

Before SETH, BARRETT and TACHA, Circuit Judges.

BARRETT, Circuit Judge.

Macerich Real Estate Company (Macerich) appeals from an order and judgment entered in favor of Dayton Hudson Corporation (DHC), appellee, and Fred Monsour (Monsour), intervenor appellee. The relevant undisputed facts may be briefly summarized.

On April 11, 1967, Monsour granted a ground lease to Macerich covering an 11.6 acre tract of land owned by Monsour. Macerich acquired the ground lease with the intent of constructing a building...

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