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FOUNDATION DEV. CORP. v. LOEHMANN'S

No. CV-89-0010-PR.

163 Ariz. 438 (1990)

788 P.2d 1189

FOUNDATION DEVELOPMENT CORPORATION, an Arizona corporation, Plaintiff-Appellant, Cross-Appellee, v. LOEHMANN'S, INC., a New York corporation, Defendant-Appellee, Cross-Appellant.

Supreme Court of Arizona, En Banc.

March 15, 1990.

Attorney(s) appearing for the Case

Murphy & Posner by Michael L. Murphy and K. Bellamy Brown, Phoenix, for Foundation Development Corp.

Mariscal, Weeks, McIntyre & Friedlander, P.A. by James G. Speer and Perry, Pierson & Kolsrud by Renee B. Gerstman, Phoenix, for Loehmann's, Inc.

FELDMAN, Vice Chief Justice.

Loehmann's, Inc. (Loehmann's) petitions us to review a court of appeals opinion dealing with grounds for termination of a long-term commercial lease. See Foundation Dev. Corp. v. Loehmann's Inc., 162 Ariz. 26, 780 P.2d 1074 (Ct.App. 1988). The trial court ruled that Loehmann's delay in paying a common area charge was a trivial breach of its lease and therefore...

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