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INTERSTATE PROPERTIES, INC. v. K-MART CORP.

No. Civ.A. 2:99-0629.

88 F.Supp.2d 609 (2000)

INTERSTATE PROPERTIES, INC., Plaintiff, v. K-MART CORPORATION, Defendant.

United States District Court, S.D. West Virginia, Charleston Division.

March 17, 2000.

Attorney(s) appearing for the Case

James D. Kauffelt, Kauffelt & Kauffelt, Charleston, WV, for plaintiff.

David Allen Barnette, Stephen D. Crislip, and Steven M. Condaras Jackson & Kelly, Charleston, WV, for defendant.

MEMORANDUM OPINION AND ORDER

HADEN, Chief Judge.

Pending are the parties' cross motions for summary judgment. Briefing is complete and the motions are ripe for disposition. As explained below, the Court DENIES both parties' motions, but GRANTS declaratory judgment, finding the lease in question, as applied by the Court, to be clear, unambiguous, and consistent.

I. FACTUAL BACKGROUND

Plaintiff Interstate Properties...

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