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UNITED ASSOCIATES, INC. v. WAL-MART STORES INC.

No. 96-6250.

133 F.3d 1296 (1997)

UNITED ASSOCIATES, INC., Plaintiff-Appellant, v. WAL-MART STORES INC., a Delaware corporation, Defendant-Appellee, and Johnson Foods Inc., an Oklahoma Corporation, Third-Party Defendant.

United States Court of Appeals, Tenth Circuit.

Opinion Ordered Published January 14, 1998.

Attorney(s) appearing for the Case

Gary R. Underwood (A. Daniel Woska, with him on the briefs), of Woska Helms Dowd Underwood & Hasbrook, Oklahoma City, OK, for Plaintiff-Appellant.

Jon B. Comstock, Senior Corporate Litigation Counsel, Wal-Mart Stores, Inc., Bentonville, AR, for Defendant-Appellee.

Before SEYMOUR, Chief Judge, LOGAN, Senior Circuit Judge, and MURPHY, Circuit Judge.

SEYMOUR, Chief Judge.

At issue in this diversity action is the interpretation under Oklahoma law of a commercial lease between Wal-Mart, the lessee, and United Associates, the lessor. The district court granted Wal-Mart's motion for summary judgment and denied United's cross-motion. United appeals. We review the district court's grant of summary judgment de novo. See Kaul v. Stephan, 83 F.3d 1208, 1212 (10th Cir.1996).

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