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GRISAFFI v. DILLARD DEPT. STORES, INC.

No. 94-30257.

43 F.3d 982 (1995)

John J. GRISAFFI, Jr., Plaintiff-Appellee/Cross-Appellant, v. DILLARD DEPARTMENT STORES, INC., Defendant-Appellant/Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

Order Clarifying Opinion on Denial of Rehearing February 24, 1995.

Attorney(s) appearing for the Case

H. Alston Johnson, Michael D. Hunt, Darrell J. Loup, Phelps Dunbar, Baton Rouge, LA, for appellant.

Clarence F. Favret, III, Favret, Demarest, Russo & Lutkewitte, P.L.C., New Orleans, LA, for appellee.

Before POLITZ, Chief Judge, and HIGGINBOTHAM and DeMOSS, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

In this diversity case, we consider the obligations of landlord and tenant under Louisiana law. We conclude that the Louisiana Supreme Court would not imply a duty to continue operation of a retail store in a percentage-of-sales rental lease where the tenant has the right to sublease. We reverse the district court's contrary conclusion. We affirm an award to the tenant of base rentals paid after a leaky roof made the premises...

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