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DAYTON DEVELOPMENT CO. v. GILMAN FINANCIAL SERVICES, INC.

No. CIV. 02-2962(RHK/AJB).

299 F.Supp.2d 933 (2003)

DAYTON DEVELOPMENT COMPANY, Plaintiff, v. GILMAN FINANCIAL SERVICES, INC., Defendant.

United States District Court, D. Minnesota.

November 6, 2003.

Attorney(s) appearing for the Case

Wendy J. Wildung and Erik J. Girvan, Faegre & Benson LLP, Minneapolis, MN, for Plaintiff.

Timothy D. Kelly and Erin K. Fogarty Lisle, Kelly & Berens, P.A., Minneapolis, MN, for Defendants.

MEMORANDUM OPINION AND ORDER

KYLE, District Judge.

Introduction

This matter comes before the Court on cross-motions for summary judgment. Plaintiff Dayton Development Company ("Dayton") has sued Gilman Financial Services, Inc. ("Gilman") seeking to enforce a lease repurchase option for certain retail display fixtures. Dayton has moved for summary judgment on the ground that Gilman lacks standing to challenge a lease to which it is not a party....

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