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SCOT PROPERTIES, LTD. v. WAL-MART STORES, INC.

No. 97-50066.

138 F.3d 571 (1998)

SCOT PROPERTIES, LTD., Plaintiff-Appellant, v. WAL-MART STORES, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

April 3, 1998.

Attorney(s) appearing for the Case

Harrel L. Davis, III, Krafsur, Gordon, Mott, Davis & Woody, El Paso, TX, for Plaintiff-Appellant.

Jon B. Comstock, Wal-Mart Legal Team, Bentonville, AR, Eduardo C. Miranda, Ray & McChristian, El Paso, TX, for Defendant-Appellee.

Before MAGILL, SMITH and DeMOSS, Circuit Judges.

DeMOSS, Circuit Judge:

Wal-Mart Stores, Inc. ("Wal-Mart") operated a discount retail store at 9817 Dyer in El Paso, Texas. Wal-Mart acquired the right to operate the store at that location pursuant to a sublease obtained from Gibson Distributing Company, Inc., Permian Basin. Under this sublease agreement and several subsequent amendments to the agreement, Wal-Mart agreed to pay a base amount of rent ("minimum rent") plus a percentage of its gross sales over a specified...

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