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HESS'S DEPT. STORES, INC. v. ERNEST W. HAHN, INC.

No. 89-5644.

901 F.2d 552 (1990)

HESS'S DEPARTMENT STORES, INC., Plaintiff-Appellant, v. ERNEST W. HAHN, INC., dba The Hahn Company, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided April 27, 1990.

Attorney(s) appearing for the Case

Robert A. Finley, Robert H. Green, Kennerly, Montgomery & Finley, Knoxville, Tenn., Steven A. Bergstein (argued), Frank, Fran, Penn & Bergstein, Allentown, Pa., for plaintiff-appellant.

Douglas S. Tweed (argued), Hunter, Smith & Davis, Jimmie C. Miller, Kingsport, Tenn., for defendant-appellee.

Before KENNEDY and RYAN, Circuit Judges, and SMITH, District Judge.

KENNEDY, Circuit Judge.

Appellant Hess's Department Stores (Hess's) appeals the District Court's order granting summary judgment in favor of appellee Ernest W. Hahn, Inc. (Hahn). Finding no error in the District Court's construction of the lease, we AFFIRM.

Hess's operates a retail store in the Fort Henry Mall (Shopping Center) in Kingsport, Tennessee. Hahn owns the Shopping Center and leases premises to Hess's under a written agreement. Hahn has recently...

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