No. 98-0370-CV-W-6.

4 F.Supp.2d 875 (1998)

J.C. NICHOLS COMPANY, Plaintiff, v. EDDIE BAUER, INC., Defendant.

United States District Court, W.D. Missouri, Western Division.

April 28, 1998.

Attorney(s) appearing for the Case

Daniel M. Dibble, Amy Beth Marcus, Timothy K. McNamara, Lathrop & Gage, L.C., Kansas City, MO, for Plaintiff.

Leland H. Corley, Elizabeth D. Nay, Lewis, Rice & Fingersh, Kansas City, MO, for Defendant.


SACHS, District Judge.

Plaintiff J.C. Nichols filed suit on April 1, 1998, to enforce a lease restriction. Pending litigation it seeks a preliminary injunction. Defendant Eddie Bauer has moved the court to stay or to dismiss Nichols' action based on Bauer's earlier-filed declaratory judgment suit in Kansas state court involving identical issues. After oral argument I denied Bauer's...

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