TOYS "R" US, INC. v. NBD TRUST CO. OF ILLINOIS

No. 89-1620.

904 F.2d 1172 (1990)

TOYS "R" US, INCORPORATED, a Delaware Corporation, Plaintiff-Appellant, v. NBD TRUST COMPANY OF ILLINOIS, Successor Trustee to NBD Highland Park, N.A. formerly known as First National Bank of Highland Park, a national banking association organized under the laws of the United States, as Trustee under Trust Agreement dated January 9, 1981 and known as Trust No. 3119, Imperial Realty Company, an Illinois corporation and Larry M. Klairmont, individually, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided June 18, 1990.


Attorney(s) appearing for the Case

Theodore A. Shapero, James A. Flesch, Philip L. Goldberg, Rudnick & Wolfe, Chicago, Ill., for plaintiff-appellant.

Charles E. Adler, Joseph I. Adler, Adler & Adler, Chicago, Ill., for defendants-appellees.

Before CUDAHY, POSNER, and MANION, Circuit Judges.


CUDAHY, Circuit Judge.

A tenant brought suit against its landlord seeking, among other things, a declaration that the landlord was required to reasonably consent to a sublease and to proposed alterations to the exterior of the demised premises. Pursuant to the district court's request, the parties submitted the case for summary judgment on the record developed in conjunction with the tenant's preliminary injunction motion. The district court entered summary judgment...

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