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GENESCO, INC. v. PALMETTO SHOP. CTR., INC.

21182

274 S.C. 446 (1980)

265 S.E.2d 34

GENESCO, INC., Respondent, v. PALMETTO PLAZA SHOPPING CENTER, INCORPORATED a/k/a Palmetto Plaza Shopping Center, Inc., and Hardee's Food Systems, Inc., Appellants.

Supreme Court of South Carolina.

April 2, 1980.

Attorney(s) appearing for the Case

Howard P. King, of Bryan, Bahnmuller, King, Goldman & McElveen, Ramon Schwartz, Jr., of Schwartz & DuRant, and Marion D. Myers, of Lee, Moise, Myers & Erter, Sumter, for appellants.

William C. Stork, of Barnes, Austin & Lightsey, Columbia, for respondent.

April 2, 1980.

NESS, Justice:

This appeal is from an order granting respondent Genesco, Inc., a permanent injunction restraining appellants Palmetto Plaza Shopping Center, Inc., and Hardee's Food Systems, Inc., from constructing a restaurant and voiding a lease between Palmetto Plaza and Hardee's. We reverse.

In December 1962 respondent and Palmetto Plaza entered into a long term lease of a building in the Palmetto Plaza Shopping Center in Sumter,...

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