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CHESTERFIELD EXCHANGE v. SPORTSMAN'S WAREHOUSE

No. 07-12254.

528 F.Supp.2d 710 (2007)

CHESTERFIELD EXCHANGE, LLC, Plaintiff and counter-defendant, v. SPORTSMAN'S WAREHOUSE, INC., Defendant, counter-plaintiff, and third-party plaintiff, v. Developers Diversified Realty Corp., Third-party defendant.

United States District Court, E.D. Michigan, Southern Division.

December 18, 2007.

Attorney(s) appearing for the Case

Andrew S. Conway, Bruce L. Segal, Honigman, Miller, Bloomfield Hills, MI, for Plaintiff and counter-defendant.

Timothy P. Dugan, Mark D. Sassak, Deneweth, Dugan, Troy, MI, Christopher R. Grote, Lindquist & Vennum, Minneapolis, MN, for Defendant, counter-plaintiff, and third-party plaintiff.

Bruce L. Segal, Honigman, Miller, Bloomfield Hills, MI, for Third-party defendant.

OPINION AND ORDER GRANTING PLAINTIFF'S MOTION TO STRIKE JURY DEMAND

DAVID M. LAWSON, District Judge.

The question presented by the plaintiff's motion to strike a jury demand filed by the defendant, Sportsman's Warehouse, Inc., is whether a lease provision waiving a jury trial is vitiated by Sportsman's allegations that it was fraudulently induced to enter the lease, despite the absence of any allegations...

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