HELZBERG'S DIAMOND SHOPS, INC. v. VALLEY WEST DES MOINES SHOPPING CENTER, INC.

No. 77-1355.

564 F.2d 816 (1977)

HELZBERG'S DIAMOND SHOPS, INC., Appellee, v. VALLEY WEST DES MOINES SHOPPING CENTER, INC., Appellant.

United States Court of Appeals, Eighth Circuit.

Decided November 10, 1977.


Attorney(s) appearing for the Case

J. David Jackson, Minneapolis, Minn. (argued), Thomas W. Finn, Minneapolis, Minn., and Edward J. Houlehan, Kansas City, Mo., on brief, for appellant.

Loeb H. Granoff, Kansas City, Mo., for appellee.

Before GIBSON, Chief Judge, HEANEY, Circuit Judge, and ALSOP, District Judge.


ALSOP, District Judge.

On February 3, 1975, Helzberg's Diamond Shops, Inc. (Helzberg), a Missouri corporation, and Valley West Des Moines Shopping Center, Inc. (Valley West), an Iowa corporation, executed a written Lease Agreement. The Lease Agreement granted Helzberg the right to operate a full line jewelry store at space 254 in the Valley West Mall in West Des Moines, Iowa. Section 6 of Article V of the Lease Agreement provides:

[Valley West] agrees it...

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