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FOX'S FOODS, INC. v. KMART CORP.

Civ. No. 92-1810.

870 F.Supp. 599 (1994)

FOX'S FOODS, INC., Plaintiff, v. KMART CORPORATION, Defendant.

United States District Court, M.D. Pennsylvania.

August 31, 1994.

Attorney(s) appearing for the Case

Thomas A. French, Rhoads & Simon, Harrisburg, PA, for plaintiff.

Timothy Andrew Hoy, Harrisburg, PA, for defendant.

MEMORANDUM

VANASKIE, District Judge.

This Memorandum and accompanying Order address defendant Kmart Corporation's motion for summary judgment, (Dkt. Entry # 34), for which briefing was completed on November 3, 1993. (Dkt. Entry 38.) For the following reasons, the motion will be granted in part and denied in part.

Background

In March of 1990, plaintiff Fox's Foods, Inc., which owns and operates retail grocery stores, entered...

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