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CBL & ASSOCIATES, INC. v. McCRORY CORP.

Civ. No. 91-49-ATH(DF).

761 F.Supp. 807 (1991)

CBL & ASSOCIATES, INC., Plaintiff, v. McCRORY CORPORATION, Defendant.

United States District Court, M.D. Georgia, Athens Division.

April 10, 1991.

Attorney(s) appearing for the Case

John S. Noell, Jr., Athens, Ga., for plaintiff.

Mark Kelley, Kitchens, Kelley, Gaynes, Huprich and Shmerling, Atlanta, Ga., for defendant.

FITZPATRICK, District Judge.

CBL & Associates, Inc., has requested a preliminary injunction, later to be made permanent, to force McCrory Corporation to continue operating its store in the Georgia Square Mall in Athens, Georgia, under the terms of the lease agreement. This case was originally filed in Clarke County Superior Court, but has been removed to this court.

I. BACKGROUND

CBL owns and operates Georgia Square Mall. By the terms of a twenty...

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