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CASCADE DRIVE LTD. v. WAL-MART STORES, INC.

No. 90-3743 Summary Calendar.

934 F.2d 61 (1991)

CASCADE DRIVE LIMITED PARTNERSHIP, Plaintiff-Appellant, v. WAL-MART STORES, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

March 25, 1991.

Attorney(s) appearing for the Case

Phillip A. Wittmann, Wayne J. Lee, John P. Cerise, Stone, Pigman, Walther, Wittmann & Hutchinson, New Orleans, La., for plaintiff-appellant.

Colvin G. Norwood, Craig L. Caesar, Leopold Z. Sher, McGlinchey, Stafford, Cellini & Lang, New Orleans, La., for defendant-appellee.

Before POLITZ, DAVIS and BARKSDALE, Circuit Judges.

W. EUGENE DAVIS, Circuit Judge:

Lessor Cascade Drive Limited Partnership (Cascade) sued lessee Wal-Mart Stores, Inc. (Wal-Mart) for specific performance on a lease and monetary damages. The district court concluded that the lease did not impose a duty of continuous operation on Wal-Mart and dismissed Cascade's suit with prejudice. We affirm that part of the district court's judgment dismissing Cascade's claims for injunctive relief; however, we vacate that part of...

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