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CAROUSEL SNACK BARS OF MINN., INC. v. CROWN CONST. CO.

No. 18250.

439 F.2d 280 (1971)

CAROUSEL SNACK BARS OF MINNESOTA, INC., Appellant, v. CROWN CONSTRUCTION COMPANY and Purple Cow of Scranton, Inc.

United States Court of Appeals, Third Circuit.

Decided March 9, 1971.

Attorney(s) appearing for the Case

Henry C. McGrath, Welles & McGrath, Scranton, Pa., for appellant.

Robert Davis Gleason, Gleason, Gleason, Gleason, DiFrancesco & Shahade, Johnstown, Pa., for Crown Construction Co.

Larry H. Slass, Philadelphia, Pa. (Techner, Rubin & Shapiro, Philadelphia, Pa., on the brief), for Purple Cow of Scranton, Inc.

Before BIGGS, VAN DUSEN and ROSENN, Circuit Judges.

OPINION OF THE COURT

VAN DUSEN, Circuit Judge.

This is an appeal from a judgment of the United States District Court for the Middle District of Pennsylvania determining that the contemplated use of the premises at Viewmont Mall Shopping Center by defendant Purple Cow of Scranton, Inc. (Purple Cow) did not violate the lease agreement between plaintiff, Carousel Snack Bars of Minnesota (Carousel), and defendant Crown...

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