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KEYSTONE SQUARE v. MARSH SUPERMARKETS, INC.

No. 2-882A249.

459 N.E.2d 420 (1984)

KEYSTONE SQUARE Shopping Center Company, a Partnership, Ralph Wilfong and Milton J. Fineberg, Appellants (Defendants-Counter Claimants below), v. MARSH SUPERMARKETS, INC., an Indiana Corporation, Appellee (Plaintiff-Counter Defendant below).

Court of Appeals of Indiana, Third District.

Rehearing Denied March 20, 1984.

Transfer Denied June 8, 1984.

Attorney(s) appearing for the Case

Tom R. White, Christian, Waltz, White, Klotz & Free, Noblesville, Willis K. Kunz, S. Gregory Zubek, Kunz & Kunz, Indianapolis, for appellants.

G. Daniel Kelley, Jr., Stephen M. Terrell, Ice, Miller, Donadio & Ryan, Indianapolis, for appellee.

HOFFMAN, Judge.

In 1970, appellant Keystone Square Shopping Center Company and Marsh Supermarkets, Inc. entered into negotiations for the lease of space in the soon to be completed shopping center. Marsh was to operate a store as an "anchor tenant" in the shopping center. The lease was completed and amended, and Marsh finally took possession of the leased premises in 1972.

Marsh agreed to pay Keystone $2.13 per...

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