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C.K. & J.K., INC. v. FAIRVIEW SHOPPING CENTER CORP.

No. 79-944.

63 Ohio St. 2d 201 (1980)

C.K. & J.K., INC., APPELLANT, v. FAIRVIEW SHOPPING CENTER CORP. ET AL., APPELLEES.

Supreme Court of Ohio.

Decided July 23, 1980.

Attorney(s) appearing for the Case

Messrs. Drain & Drain and Mr. John M. Drain, for appellant.

Messrs. Cavitch, Familo & Durkin and Mr. Thomas C. Schrader, for appellee Fairview Lounge, Inc.

Messrs. Portner, Greenfield, Lovinger & Schwartz and Mr. Mark B. Schwartz, for appellee Fairview Shopping Center Corporation.

CELEBREZZE, C. J.

The basis of appellant's claim that the lease between the lounge and the shopping center constitutes an unfair arrangement is R. C. Chapter 1331.

R. C. 1331.01 states in relevant part:

"(B) `Trust' is a combination of capital, skill, or acts by two or more persons for any of the following purposes:

"(1) To create or carry out restrictions in trade or commerce;

"(2) To...

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