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MAC EAST, LLC v. SHONEY'S LLC

No. 2:05-cv-1038-MEF.

510 F.Supp.2d 541 (2007)

MAC EAST, LLC, Plaintiff, v. SHONEY'S LLC, Defendant.

United States District Court, M.D. Alabama, Northern Division.

January 8, 2007.

Attorney(s) appearing for the Case

Dennis R. Bailey, Bethany L. Bolger, Rushton, Stakely, Johnston & Garrett P.A., Montgomery, AL, for Plaintiff.

James Nicholas Nolan, Paul Oliver Woodall, Jr., Walston Wells Anderson & Bains LLP Birmingham, AL, for Defendant.

MEMORANDUM OPINION AND ORDER

MARK E. FULLER, Chief Judge.

I. INTRODUCTION

In this case, MAC East, LLC ("Mac East"), an assignee of a commercial lease, brought suit against its assignor, Shoney's LLC ("Shoney's"), for failing to approve a proposed sublease. Shoney's argues that the approval clause in the assignment with Mac East provided it with the sole right and discretion to withhold consent to any sublease of the subject property. Mac...

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