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BIG CHIEF EATIN' POST NO. 19 v. NEWPORT SHOPPING CTR.

467 S.W.2d 591 (1971)

BIG CHIEF EATIN' POST NO. 19, INC., Appellant, v. NEWPORT SHOPPING CENTER, INC., a Kentucky Corporation, Newport Enterprises, Inc., a Kentucky Corporation, and Walgreen Company, an Illinois Corporation, Appellees.

Court of Appeals of Kentucky.

May 28, 1971.

Attorney(s) appearing for the Case

Carl H. Ebert and C. Houston Ebert, Ebert, Moebus, Cook, Kirchhoff & Neisch, Newport, for appellant.

Lorimer W. Scott and William J. Wise, Newport, Lawrence H. Williams, Cleveland, Ohio, for appellees, Newport Shopping Center, Inc., and Newport Enterprises, Inc.

Benton, Benton, Luedeke & Rhoads, Newport, for appellee, Walgreen Co.

CULLEN, Commissioner.

Big Chief Eatin' Post No. 19, Inc., brought suit against Newport Shopping Center, Inc., and Walgreen Company seeking an injunction and damages by reason of an alleged violation by the defendants of a restrictive covenant against competition contained in a lease from Newport Shopping Center to Big Chief. The circuit court, after a trial without a jury of the injunction issue, found that Big Chief had no sustainable claim for relief, either by...

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