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ALEXANDER v. TOWN & COUNTRY ESTATES, INC.

No. 75-1859.

535 F.2d 1081 (1976)

Cynthia Ann ALEXANDER, and Richard Schatsick, Appellants, v. TOWN AND COUNTRY ESTATES, INC., Appellee.

United States Court of Appeals, Eighth Circuit.

Decided June 9, 1976.

Attorney(s) appearing for the Case

Charles C. Shafer, Jr., Kansas City, Mo., for appellants.

Theodore C. Beckett, Kansas City, Mo., for appellee; Don R. Lolli, Kansas City, Mo., on brief.

Before BRIGHT and WEBSTER, Circuit Judges, and TALBOT SMITH, Senior District Judge.

BRIGHT, Circuit Judge.

In this action for recission of a shopping center lease on grounds of fraud, appellants Cynthia Ann Alexander and Richard Schatsick (lessees), as plaintiffs, complain that the defendant-appellee, Town and Country Estates, Inc. (lessor) induced them to enter into a lease, executed July 23, 1974, in "Windmill Square," Lenexa, Kansas, by falsely representing that the shopping center was "then" 50 percent leased out. After a bench trial, District...

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