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WESTERN & SOUTHERN LIFE INS. CO. v. CROWN AMERICAN

Civ. A. No. 93-87.

877 F.Supp. 1041 (1993)

The WESTERN AND SOUTHERN LIFE INSURANCE COMPANY, Plaintiff, v. CROWN AMERICAN CORPORATION; Hess's Department Stores, Inc., Defendants. and Lazarus, Inc., Intervening Defendant.

United States District Court, E.D. Kentucky, at Covington.

June 4, 1993.

Attorney(s) appearing for the Case

Robert B. Craig, Taft, Stettinius & Hollister, Crestview Hills, KY, for Western and Southern Life Ins. Co.

Dorothy M. Pitt, Rogers, Fuller & Pitt, Louisville, KY, for Crown American Corp., Hess's Dept. Stores, Inc.

John Zeiger, Matthew A. Kairis, Richard A. Chesley, Todd S. Swatsler, Jones, Day, Reavis & Pogue, Columbus, OH, for Lazarus.

OPINION AND ORDER RE: INTERLOCUTORY INJUNCTIVE RELIEF

BERTELSMAN, Chief Judge.

I. Introduction

This matter involves the Florence Mall and the series of agreements between the four anchor department stores and the owner/developer of the mall. The controversy requires the court to interpret the agreements in light of the closure of one of the anchors and the impending sale of its site to one of the other existing anchors.

The owner...

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