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S. S. KRESGE CO. v. SOMERVILLE MERCHANTS BLDG.

Civ. No. 50-190.

95 F.Supp. 912 (1951)

S. S. KRESGE CO. v. SOMERVILLE MERCHANTS BLDG., Inc., et al.

United States District Court D. Massachusetts.

February 7, 1951.

Attorney(s) appearing for the Case

J. N. Welch and Hale & Dorr, all of Boston, Mass., for plaintiff.

Arthur E. Whittemore and Nutter, McClennen & Fish, all of Boston, Mass., for defendants.

FORD, District Judge.

This is an action under 28 U.S.C.A. § 2201 for a declaration of the legal rights of the parties under a lease of real estate. Jurisdiction is based on diversity of citizenship, the plaintiff being a Michigan corporation and both defendants Massachusetts corporations, and on the presence of an amount in controversy in excess of $3,000.

The plaintiff S. S. Kresge Company is the lessee, under a lease dated August 13, 1928, of certain...

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