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K-MART CORP. v. ORIENTAL PLAZA, INC.

No. 88-1984.

875 F.2d 907 (1989)

K-MART CORPORATION, Plaintiff, Appellee, v. ORIENTAL PLAZA, INC., Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided May 10, 1989.

Attorney(s) appearing for the Case

Walter H. Muniz with whom Gerardo A. Carlo, Carlo & Dubos, Old San Juan, P.R., Eldia M. Diaz Olmo and Rodriguez-Ramon, Pena & Diaz, Hato Rey, P.R., were on brief, for defendant, appellant.

Jorge I. Peirats with whom Edward M. Borges and O'Neill & Borges, Hato Rey, P.R., were on brief, for plaintiff, appellee.

Before TORRUELLA and SELYA, Circuit Judges, and CAFFREY, Senior District Judge.

SELYA, Circuit Judge.

Concerned that its landlord's word was somewhat shy of its bond, plaintiff-appellee K-Mart Corporation (K-Mart),1 a tenant at the Oriental Plaza Shopping Center (the Center) in Humacao, Puerto Rico, brought suit in federal district court against the Center's owner, defendant-appellee Oriental Plaza, Inc. (OPI). K-Mart asserted that OPI had perpetrated a breach of the lease

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