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J.C. PENNEY COMPANY v. GIANT EAGLE, INC.

Civ. A. No. 92-1769.

813 F.Supp. 360 (1992)

J.C. PENNEY COMPANY, INC., Plaintiff, v. GIANT EAGLE, INC., Giant Eagle Markets, Inc., and Stanley R. Gumberg, individually and as Trustee under those certain Irrevocable Deeds of Trust dated May 9, 1969, Defendants.

United States District Court, W.D. Pennsylvania.

September 16, 1992.

Attorney(s) appearing for the Case

Ralph A. Finizio, Margaret F. Houston, Pittsburgh, PA, for plaintiff.

Bernard Marcus, Stephen White, George B. Foster, Pittsburgh, PA, for defendants.

OPINION

LEE, District Judge.

I. PROCEDURAL BACKGROUND

1. The plaintiff, J.C. Penney Company, Inc. ("J.C. Penney") is a corporation organized and existing under the laws of the State of Delaware, having its principal place of business in the State of Texas.

2. Defendant, Giant Eagle Markets, Inc. is a corporation organized and operating under the laws of the Commonwealth of Pennsylvania with its principal place of business in Pittsburgh...

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