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MORRISON'S v. SOUTHERN PLAZA, INC.

No. 469S71.

252 Ind. 109 (1969)

246 N.E.2d 191

MORRISON'S SOUTHERN PLAZA CORP., ET AL. v. SOUTHERN PLAZA, INC.

Supreme Court of Indiana.

Rehearing denied May 20, 1969.

Attorney(s) appearing for the Case

Eskenazi, Mitchell & Yosha, Indianapolis, and Sparrenberger, Duvall, Tabbert & Lalley, Indianapolis, for appellants.

Ben J. Weaver, Charles G. Reeder, Johnson, Weaver & Martz, Indianapolis, for appellee.

HUNTER, J.

Petitioner, the owner of a shopping center, sued the respondent, the lessee, for back rent and common area costs under a written lease. In the third rhetorical paragraph of the complaint, the petitioner alleged:

"Pursuant to said lease the defendant Morrison's Southern Plaza Corporation took possession of said premises and has since and does still occupy the same under said lease."

Respondent answered, specifically denying this allegation...

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