ROTHE v. REVCO D.S., INC.

No. IP 96-1435-C-M/S.

976 F.Supp. 784 (1997)

Edward W. ROTHE, Trustee of the Edward W. Rothe Employees Profit Sharing Trust, Plaintiff, v. REVCO D.S., INC., Defendant.

United States District Court, S.D. Indiana, Indianapolis Division.

September 11, 1997.


Attorney(s) appearing for the Case

Edward W. Rothe, Chicago, IL, for Plaintiff.

Terrence L. Brookie, Locke Reynolds Boyd & Weisell, Indianapolis, IN, for Defendant.


ORDER

McKINNEY, District Judge.

Both Plaintiff, Edward W. Rothe, Trustee of the Edward W. Rothe Employees Profit Sharing Trust ("Rothe"), and Defendant, Revco D.S., Inc. ("Revco") have moved for summary judgment against the respective opposing party. At issue is whether Revco breached its lease contract with Rothe when it vacated the premises leased from him and discontinued its payment of gross sales percentage rent. The issues have been briefed...

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