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ADOLPHUS v. NATIONAL SUPERMARKETS, INC.

No. 92-1502.

978 F.2d 436 (1992)

Mark ADOLPHUS, Charles F. Dufour, Mark A. Sedgwick and Robert E. Sherwood, d/b/a South County Venture, L.P., Appellants, v. NATIONAL SUPERMARKETS, INC., National Tea Company, The Kroger Company and Topvalco, Inc., Appellees.

United States Court of Appeals, Eighth Circuit.

Decided October 29, 1992.

Attorney(s) appearing for the Case

Thomas G. Berndsen, St. Louis, Mo., argued, for the appellants.

Jay L. Levitch, St. Louis, Mo., argued (Joseph Nessenfeld and Ann Hamilton, on the briefs), for appellees.

Before JOHN R. GIBSON, BOWMAN, and MORRIS SHEPPARD ARNOLD, Circuit Judges.

PER CURIAM.

This is a dispute over the terms of a lease and whether the lessee is liable for extra rent for transferring the leasehold. The district court ruled that no extra rent was due. See Adolphus v. National Super Markets, 775 F.Supp. 1243 (E.D.Mo. 1991).

Though the transactions between the parties over the years with respect to the relevant leasehold were numerous and prolix, we think that the facts material...

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