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LOUIS W. EPSTEIN FAMILY PARTNERSHIP v. KMART CORP.

Civ. A. No. 93-71.

828 F.Supp. 328 (1993)

LOUIS W. EPSTEIN FAMILY PARTNERSHIP, Plaintiff, Levitz Furniture Corporation, Plaintiff-Intervenor, v. KMART CORPORATION.

United States District Court, E.D. Pennsylvania.

May 5, 1993.

Attorney(s) appearing for the Case

Alan M. Black, Allentown, PA, for Epstein.

Joseph A. Fitzpatrick, Center Valley, PA, for Levitz.

Howard D. Sher, Philadelphia, PA, for Kmart Corp.

FINDINGS OF FACT, DISCUSSION, AND CONCLUSIONS OF LAW

HUYETT, District Judge.

In December of 1992 Plaintiff Louis W. Epstein Family Partnership (Epstein) filed a complaint in the Lehigh County Court of Common Pleas against Defendant Kmart Corporation (Kmart), seeking monetary and injunctive relief. Epstein and Kmart own adjacent tracts of developed, commercial property in Whitehall Township, Lehigh County, Pennsylvania. The case arises out of a land dispute...

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