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ARE SIKESTON LTD. PARTNERSHIP v. WESLOCK NAT., INC.

Nos. 96-3058, 96-3143, 96-3104.

120 F.3d 820 (1997)

ARE SIKESTON LIMITED PARTNERSHIP, a Pennsylvania limited partnership; American Real Estate Investment Corporation, as general and limited partner; American Hotel Management, Inc., Appellants, v. WESLOCK NATIONAL, INC.; Nalcor, doing business as American Builders Hardware Corp., Inc., Appellees. WESLOCK NATIONAL, INC., Third Party Plaintiff-Appellee, v. WESTINGHOUSE ELECTRIC CORPORATION, Third Party Defendant-Appellee. ARE SIKESTON LIMITED PARTNERSHIP, a Pennsylvania limited partnership; American Real Estate Investment Corporation, as general and limited partner; American Hotel Management, Inc., Plaintiffs, v. WESLOCK NATIONAL, INC.; Nalcor, doing business as American Builders Hardware Corp., Inc., Defendants. WESLOCK NATIONAL, INC., Third Party Plaintiff-Appellant, v. WESTINGHOUSE ELECTRIC CORPORATION, Third Party Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Decided July 22, 1997.

Attorney(s) appearing for the Case

Thomas M. Franklin, Kansas City, MO, argued, for appellant.

Richard Philip Sher, Clayton, MO, argued, for appellee.

Before MURPHY, HEANEY, and MAGILL, Circuit Judges.

MAGILL, Circuit Judge.

ARE Sikeston Limited Partnership and its general and limited partners (collectively, ARE Sikeston) brought this action against Weslock National, Inc. (Weslock National) and Nalcor, Inc. (Nalcor). In its action, ARE Sikeston alleges that Weslock National and Nalcor are liable for the rent payments remaining on a 15-year lease that Nalcor entered into with ARE Sikeston. Weslock National filed a third-party complaint against Westinghouse Electric...

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