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GENDLER v. GENERAL GROWTH PROPERTIES

Civ. No. 78-0-219.

461 F.Supp. 434 (1978)

H. Lee GENDLER, Trustee, Plaintiff, v. GENERAL GROWTH PROPERTIES, a Real Estate Investment Trust, Defendant.

United States District Court, D. Nebraska.

October 17, 1978.

Attorney(s) appearing for the Case

John A. Garvey, Omaha, Neb., for plaintiff.

Harry L. Welch and Thomas A. Grennan, Omaha, Neb., David W. Belin and Philip E. Stoffregen, Des Moines, Iowa, for defendant.

MEMORANDUM

DENNEY, District Judge.

This matter is before the Court upon the motion [Filings # 3 and # 4] of the defendant to dismiss subsequent to the submission of briefs and oral argument before the Court on September 22, 1978.

This is an action for declaratory judgment pursuant to 28 U.S.C. § 2201 (Cum. Supp.1978). Plaintiff, H. Lee Gendler, trustee, under a trust agreement dated March 15, 1966, is a resident and citizen of Omaha, Nebraska...

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