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RAINBOW USA, INC. v. CUMBERLAND MALL, LLC

No. A09A0831.

688 S.E.2d 631 (2009)

RAINBOW USA, INC. v. CUMBERLAND MALL, LLC.

Court of Appeals of Georgia.

Reconsideration Denied December 16, 2009.

Attorney(s) appearing for the Case

Drew, Eckl & Farnham, Joseph C. Chancey, Atlanta, for appellant.

Andre & Blaustein, Luke A. Kill, Atlanta, for appellee.

BARNES, Judge.

Rainbow USA, Inc., appeals the grant of summary judgment to Cumberland Mall, LLC,1 in its action seeking a declaratory judgment on the amount of rent owed under its lease. When the parties executed the lease, JC Penney, Rich's, Macy's, and Sears stores were all operating in the mall. Each of these stores operated as a retail store open to the general public under a single trade name and occupied at least 50,000 square feet...

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