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EPSTEIN FAMILY PARTNERSHIP v. KMART CORP.

No. 93-1516.

13 F.3d 762 (1994)

LOUIS W. EPSTEIN FAMILY PARTNERSHIP; Levitz Furniture Corporation, Intervenor in D.C. v. KMART CORPORATION, Appellant.

United States Court of Appeals, Third Circuit.

Decided January 12, 1994.

Attorney(s) appearing for the Case

Howard D. Scher, Richard M. Simins, Melissa E. Kraras, Montgomery, McCracken, Walker & Rhoads, Philadelphia, PA, Daniel M. Brinks, Edward H. Pappas (argued), Dickinson, Wright, Moon, Van Dusen & Freeman, Bloomfield Hills, MI, and Robert W. Powell, Dickinson, Wright, Moon, Van Dusen & Freeman, Detroit, MI, for appellant.

Alan M. Black (argued), Black, McCarthy, Eidelman, Feinberg, Anewalt & Kercher, Allentown, PA, for appellee Louis W. Epstein Family Partnership.

Joseph A. Fitzpatrick, Jr. (argued), Fitzpatrick, Lentz & Bubba, Center Valley, PA, for appellee Levitz Furniture Corp.

Before: STAPLETON, HUTCHINSON and ROTH, Circuit Judges.

OPINION OF THE COURT

HUTCHINSON, Circuit Judge.

Appellant, Kmart Corporation ("Kmart"), appeals an order of the United States District Court for the Eastern District of Pennsylvania. In that order, the district court permanently enjoined Kmart from constructing certain barriers and traffic control devices on a piece of its property. Appellee, the Louis W. Epstein Family Partnership ("Epstein"), holds an easement over the Kmart property. The easement is dedicated...

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