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POLK BROS., INC. v. FOREST CITY ENTERPRISES, INC.

No. 85-1374.

776 F.2d 185 (1985)

POLK BROS., INC., Plaintiff-Appellant, v. FOREST CITY ENTERPRISES, INC., Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided October 31, 1985.

Rehearing and Rehearing Denied November 26, 1985.

Attorney(s) appearing for the Case

Peter B. Freeman, Hopkins & Sutter, Chicago, Ill., for plaintiff-appellant.

Leslie D. Locke, Ross & Hardies, Chicago, Ill., for defendant-appellee.

Before CUMMINGS, Chief Judge, EASTERBROOK, Circuit Judge, and GRANT, Senior District Judge.

Rehearing and Rehearing En Banc Denied November 26, 1985.

EASTERBROOK, Circuit Judge.

In 1972 Polk Bros., which owned some land in Burbank, Illinois, discussed with Forest City Enterprises the possibility of building a store large enough for both firms. Polk sells appliances and home furnishings; Forest City sells building materials, lumber, tools, and related products. Both have substantial chains of stores. They reached an agreement. Polk built a single...

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