INCOME PROPERTIES/EQUITY TRUST v. WAL-MART STORES, INC.

No. 93-3992.

33 F.3d 987 (1994)

INCOME PROPERTIES/EQUITY TRUST, a California business trust; Richard C. Jones, as trustee, Plaintiffs-Appellants, v. WAL-MART STORES, INC., a Delaware Corporation, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Decided August 29, 1994.

Rehearing Denied October 18, 1994.


Attorney(s) appearing for the Case

Anthony S. Divincenzo, Chicago, IL, argued for appellants.

Timothy Edward Howell of Fayetteville, AR, argued for appellee (Sidney P. Davis, on brief).

Before LOKEN, Circuit Judge, HENLEY, Senior Circuit Judge, and HANSEN, Circuit Judge.


LOKEN, Circuit Judge.

Income Properties/Equity Trust ("IPET") seeks damages from Wal-Mart Stores, Inc. ("Wal-Mart"), for breach of an agreement to vacate a shopping center lease and for tortious interference with IPET's negotiations with a prospective new tenant. The district court1 granted Wal-Mart's motion for summary judgment, concluding that the real party in interest on the contract claim is Great Southern Savings Bank ("Great Southern...

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