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J.C. PENNEY CO., INC. v. GIANT EAGLE, INC.

No. 95-3054.

85 F.3d 120 (1996)

J.C. PENNEY COMPANY, INC., Appellee, v. GIANT EAGLE, INC.; Giant Eagle Markets, Inc., and Stanley R. Gumberg, Individually and as Trustee under those certain Irrevocable Deeds of Trust dated May 9, 1969, Giant Eagle, Inc., Appellant.

United States Court of Appeals, Third Circuit.

Decided May 24, 1996.

Attorney(s) appearing for the Case

Ralph A. Finizio (argued), Houston Harbaugh, Pittsburgh, PA, for appellee.

Bernard D. Marcus, David B. Rodes (argued), Marcus & Shapira, Pittsburgh, PA, for appellant.

Before: STAPLETON, McKEE, Circuit Judges, and JOHN R. GIBSON, Senior Circuit Judge.

OPINION OF THE COURT

JOHN R. GIBSON, Senior Circuit Judge:

Giant Eagle, Inc. appeals from an order of the district court enjoining it from operating a pharmacy in its Quaker Village shopping center store for the duration of J.C. Penney Company's 1978 lease, including renewals. Giant Eagle argues that Penney's exclusive right to operate a pharmacy in Quaker Village ended when Penney's 1962 lease ended, and that Penney's exclusive right is unenforceable against...

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