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SUNNY ISLE SHOPPING CENTER, INC. v. XTRA SUPER FOOD CENTERS, INC.

No. CIV.1998-154.

237 F.Supp.2d 606 (2002)

SUNNY ISLE SHOPPING CENTER, INC., a Virgin Islands Corporation, Plaintiff, v. XTRA SUPER FOOD CENTERS, INC., d/b/a Pueblo, a Delaware Corporation, and Kmart Corporation, Defendants.

District Court, Virgin Islands, D. St. Croix.

December 20, 2002.

Attorney(s) appearing for the Case

A. Jeffrey Weiss, St. Thomas, VI, for plaintiff.

John K. Dema, St. Croix, VI, for defendant Pueblo.

Andrew C. Simpson, St. Croix, VI, for defendant Kmart.

MEMORANDUM

MOORE, District Judge.

Defendant Xtra Super Food Centers, Inc. ["defendant" or "Pueblo"] moves to dismiss parts of the complaint of plaintiff Sunny Isle Shopping Center, Inc. ["plaintiff" or "Sunny Isle"] and for summary judgment. Sunny Isle opposes defendant's motion. For the reasons set forth below, I will grant Pueblo's motion to dismiss Count I of Sunny Isle's complaint, but I will deny defendant's motion for summary judgment in regard to...

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