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F.W. WOOLWORTH CO. v. PLAZA NORTH, INC.

No. 4684A149.

493 N.E.2d 1304 (1986)

F.W. WOOLWORTH CO., Appellant/Cross Appellee (Defendant below), v. PLAZA NORTH, INC., Appellee/Cross Appellant (Plaintiff below), and Scoa Industries, Inc. and Tonn and Blank, Incorporated, Nominal Appellees (Defendants below).

Court of Appeals of Indiana, Fourth District.

Rehearing Denied July 31, 1986.

Attorney(s) appearing for the Case

B. Guille Cox, Jr., Robert D. Hepburn, Cox, Zwerner, Gambill & Sullivan, Terre Haute, for appellant/cross appellee.

George A. Brattain, David I. Day, Jr., Marshall, Batman, Day, Swango & Brattain, Terre Haute, for appellee/cross appellant.

Wolfe, Frey, Hunt & Olah, Terre Haute, for nominal appellees.

MILLER, Judge.

In 1965 F.W. Woolworth Co., Inc. leased premises for a Woolco Department Store from Plaza North, Inc. at Plaza North's Shopping Center in Terre Haute, Indiana. The fifteen (15) year lease had a provision for five (5) successive options to extend the term of the lease up to five (5) years on each option. During the first option period, in January 1983, Woolworth closed its store and, after Plaza North's failure to exercise its right to terminate the...

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