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EDDY'S TOYOTA OF WICHITA, INC. v. KMART CORP.

Civil Action No. 95-1078-MLB.

945 F.Supp. 220 (1996)

EDDY'S TOYOTA OF WICHITA, INC., Plaintiff, v. KMART CORPORATION, Defendant.

United States District Court, D. Kansas.

June 17, 1996.

Attorney(s) appearing for the Case

Mark G. Ayesh, Ayesh Law Offices, Wichita, KS, for plaintiff.

John T. Steere, Fleeson, Gooing, Coulson & Kitch, L.L.C., Wichita, KS, Richard I. Stephenson, RAGE Administrative & Marketing Services, Inc., Wichita, KS, for defendant.

MEMORANDUM AND ORDER

BELOT, District Judge.

This case comes before the court on defendant Kmart Corporation's motion for summary judgment. (Doc. 17). Plaintiff has responded, (Doc. 21), defendant has replied, (Doc. 22), and the court is prepared to rule.

Undisputed Facts

Kmart Corporation ("Kmart") leases a building and property from West Wichita, a Pennsylvania limited partnership, in Wichita, Kansas. (Doc. 18, Uncontroverted...

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