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JOS. GUIDONE'S FOOD PAL. v. GARDNER & GUIDONE, INC.

No. 372A120.

285 N.E.2d 834 (1972)

JOS. GUIDONE'S FOOD PALACE, Inc., an Indiana Corporation, Defendant-Appellant, v. GARDNER & GUIDONE, INC., an Indiana Corporation, Defendant-Appellee, Palace Pharmacy, Inc., an Indiana Corporation, Plaintiff-Appellee.

Court of Appeals of Indiana, First District.

Rehearing Denied September 13, 1972.

Attorney(s) appearing for the Case

Alan H. Lobley, of Ice, Miller, Donadio & Ryan, Indianapolis, for appellant.

Forrest D. Rau, Indianapolis, for plaintiff appellee, Palace Pharmacy, Inc.

ROBERTSON, Presiding Judge.

Plaintiff-appellee (Palace) and defendant-appellant (Scot-Lad) operated a drug store and supermarket, respectively, in close proximity at the same shopping center.1 Lease provisions stated that Palace would not sell "food or related grocery or meat products" and that Scot-Lad could sell health and beauty aids but not permit the sale of drugs and cosmetics. Both parties...

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