AMERICAN NAT. BANK AND TRUST CO. v. K-MART CORP.

Nos. 82-2253, 82-2319.

717 F.2d 394 (1983)

AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGO, Julian Geller and Nathan Geller, Plaintiffs-Appellants, v. K-MART CORPORATION, formerly known as S.S. Kresge Company, Defendant-Appellee. AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGO, Plaintiffs, Counterdefendants-Appellees, v. K-MART CORPORATION, formerly known as S.S. Kresge Company, Defendant, Counterplaintiff-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided September 13, 1983.


Attorney(s) appearing for the Case

Nancy M. Barrett, Feiwell, Galper & Lasky Ltd., Chicago, Ill., for plaintiffs-appellants.

Stephen H. Pugh, Jr., Chapman & Cutler, Chicago, Ill., for defendant-appellee.

Before CUMMINGS, Chief Judge, NICHOLS and PELL, Circuit Judges.


NICHOLS, Circuit Judge.

This is an appeal from a jury verdict awarding damages in the amount of $205,700 for breach of a landlord's obligation to repair and maintain leased premises. For reasons that follow, we affirm the district court's partial summary judgment construing landlord's obligation under the Downers Grove lease; we refuse to grant landlord's request for a determination that it did not breach its obligation to paint the exterior of the premises; we reverse...

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