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C.R. ANTHONY CO. v. WALL-MART PROPERTIES, INC.

Nos. 94-3029, 94-3030.

54 F.3d 514 (1995)

C.R. ANTHONY COMPANY, Plaintiff/Appellant, v. WAL-MART PROPERTIES, INC., Defendant/Appellee, SunWest N.O.P., Inc., Defendant. SUNWEST N.O.P., Plaintiff, v. WAL-MART PROPERTIES, INC., Defendant/Appellee, C.R. Anthony Company, Defendant/Appellant, Safeway, formerly known as Safeway Stores, Inc.; Property Development Associates, Defendants. C.R. ANTHONY COMPANY, Plaintiff, v. WAL-MART PROPERTIES, INC., Defendant/Appellee, SunWest N.O.P., Inc., Plaintiff/Appellant. SUNWEST N.O.P., INC., Plaintiff/Appellant, v. WAL-MART PROPERTIES, INC., Defendant/Appellee, C.R. Anthony Company, Defendant, Safeway, formerly known as Safeway Stores, Inc.; Property Development Associates, Defendants/Appellants.

United States Court of Appeals, Eighth Circuit.

Decided May 12, 1995.

Rehearing and Suggestion for Rehearing Denied June 29, 1995.

Attorney(s) appearing for the Case

Edward Wright, Jr., for C.R. Anthony and Victor A. Fleming, Little Rock, AR, argued, for Property Development Associates.

Timothy Howell, Fayetteville, AR, argued, for appellee.

Before WOLLMAN, BEAM, and MURPHY, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied June 29, 1995.

WOLLMAN, Circuit Judge.

In this diversity case involving a landlordtenant dispute under Arkansas law, SunWest N.O.P., Inc. (SunWest) and C.R. Anthony Co. (Anthony) appeal from the district court's1 order granting summary judgment in favor of Wal-Mart Properties, Inc. (Wal-Mart). They also appeal from a subsequent order of the district court granting Wal-Mart's...

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