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HERRING-MARATHON MASTER PARTNERSHIP B v. BOARDWALK FRIES

No. 91-3570.

979 F.2d 1326 (1992)

HERRING-MARATHON MASTER PARTNERSHIP B, doing business as Park Plaza Mall, Plaintiff-Appellee, v. BOARDWALK FRIES, INC., Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Decided November 19, 1992.

Attorney(s) appearing for the Case

Roger Dale Rowe, Little Rock, Ark., argued, for defendant-appellant.

David Couch, Little Rock, Ark., argued, for plaintiff-appellee.

Before RICHARD S. ARNOLD, Chief Judge, FRIEDMAN, Senior Circuit Judge, and LOKEN, Circuit Judge.

LOKEN, Circuit Judge.

Boardwalk Fries, Inc., appeals the district court's1 adverse judgment in Herring-Marathon Master Partnership B's ("Marathon") suit for unpaid rent under a shopping center lease. Boardwalk contends that Marathon's misrepresentations as to the sales of other tenants in the center induced Boardwalk to enter into the lease. We affirm.

Marathon owns and operates the Park Plaza Mall in Little Rock, Arkansas. The...

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