ELMWOOD VILLAGE CENTER v. KMART CORP.

Civ. A. No. 94-2840.

863 F.Supp. 309 (1994)

ELMWOOD VILLAGE CENTER v. KMART CORPORATION.

United States District Court, E.D. Louisiana.

September 8, 1994.


Attorney(s) appearing for the Case

Patrick Johnson, Jr., David F. Waguespack, Lemle & Kelleher, New Orleans, LA, for plaintiff.

Charles S. McCowan, Jr., Charles L. Patin, Jr., Jay Morton Jalenak, Jr., Kean, Miller, Hawthorne, Darmond, McCowan & Jarman, Robert N. Aquiluz, Baton Rouge, LA, for defendant.


ORDER AND REASONS

CLEMENT, District Judge.

Defendant Kmart Corporation ("Kmart") has filed an Exception of Lack of Subject Matter Jurisdiction, arguing that this Court does not have jurisdiction to grant plaintiff's petition for preliminary mandatory injunction. For the following reasons, defendant's exception is DENIED.

Defendant advances three arguments in support of its contention that this Court lacks jurisdiction to issue a mandatory...

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