FORTUNE SOUTHFIELD CO. v. KROGER CO.

Nos. 90-2306EM, 90-2781EM.

931 F.2d 1282 (1991)

FORTUNE SOUTHFIELD COMPANY, a Missouri General Partnership, Fortune 5 B Company, General Partner of Fortune Southfield Company, Edward L. Bakewell, Jr., Trustee for Edward L. Bakewell, III, U/I/T Dated 2/3/82, Edward L. Bakewell, III, Thomas J. Bannister, Joseph P. Bannister, and Thomas J. Bannister, Trustee for Anderson D. Bakewell U/I/T Dated 9/15/83, General Partners of Fortune 5 B Company; Southfield Partnership, General Partner of Fortune Southfield Company, Jerome L. Gidlow, Catherine S. Gidlow, Jerry Spitzer, and Thomas Spitzer, General Partners of Southfield Partnership v. The KROGER CO., a Corporation, Defendant-Third Party Plaintiff, Appellant, v. SCHNUCKS MARKETS, INC., a Corporation, Third Party Defendant, Appellee. FORTUNE SOUTHFIELD COMPANY, a Missouri General Partnership, Fortune 5 B Company, General Partner of Fortune Southfield Company, Edward L. Bakewell, Jr., Trustee for Edward L. Bakewell, III, U/I/T Dated 2/3/82, Edward L. Bakewell, III, Thomas J. Bannister, Joseph P. Bannister, and Thomas J. Bannister, Trustee for Anderson D. Bakewell U/I/T Dated 9/15/83, General Partners of Fortune 5 B Company; Southfield Partnership, General Partner of Fortune Southfield Company, Jerome L. Gidlow, Catherine S. Gidlow, Jerry Spitzer, and Thomas Spitzer, General Partners of Southfield Partnership v. The KROGER CO., a Corporation, Defendant/Appellee, v. SCHNUCKS MARKETS, INC., a Corporation, Third Party Defendant/Appellee.

United States Court of Appeals, Eighth Circuit.

Decided April 29, 1991.

Rehearing Denied June 10, 1991.


Attorney(s) appearing for the Case

Wilbur Tomlinson, St. Louis, for defendant-third party plaintiff, appellant.

Roger Edgar, St. Louis, for third party defendant, appellee.

Before ARNOLD and FAGG, Circuit Judges, and RE, Chief Judge.


ARNOLD, Circuit Judge.

This case is about a grocery store in St. Louis County, Missouri. The store was built by Fortune Southfield, a partnership. Originally, the Kroger Company was to occupy the store, but when construction was almost complete, Kroger decided to sell the store to Schnucks Markets, Inc., a local chain. A dispute arose about payment to Fortune Southfield for the construction costs. Two issues are presented on these appeals: whether Kroger or Schnucks...

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