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BEN SIMON'S INC. v. LINCOLN JOINT-VENTURE

No. S-93-1014.

535 N.W.2d 712 (1995)

248 Neb. 465

BEN SIMON'S, INC., a Nebraska Corporation, Appellant, v. LINCOLN JOINT-VENTURE, an Ohio General Partnership, and General Mills Restaurants, Inc., a Florida Corporation, Appellees.

Supreme Court of Nebraska.

August 11, 1995.

Attorney(s) appearing for the Case

Richard L. Spangler, Jr., Robert B. Evnen, and David A. Hecker, of Woods & Aitken Law Firm, Lincoln, for appellant.

William G. Blake, of Pierson, Fitchett, Hunzeker, Blake & Loftis, Lincoln, for appellee Lincoln Joint-Venture.

Robert T. Grimit, of Baylor, Evnen, Curtiss, Grimit & Witt, Lincoln, for appellee General Mills.

WHITE, C.J., CAPORALE, FAHRNBRUCH, LANPHIER, WRIGHT, and CONNOLLY, JJ.

WHITE, Chief Justice.

Ben Simon's, Inc. (Simon's), filed an action seeking an injunction against Lincoln Joint-Venture (LJV) and General Mills Restaurants, Inc. (GMRI), prohibiting them from constructing a restaurant in a parking area that Simon's contended was restricted under its lease agreement with LJV. The Lancaster County District Court denied Simon's request. Simon's appealed to this court seeking a mandatory injunction to raze the subsequently constructed...

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