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NASH FINCH CO. v. RUBLOFF HASTINGS, L.L.C.

No. 02-1962.

341 F.3d 846 (2003)

NASH FINCH COMPANY, Appellant, v. RUBLOFF HASTINGS, L.L.C., Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: August 28, 2003.

Attorney(s) appearing for the Case

Norman M. Krivosha, argued, Omaha, NE (Robert M. Slovek and Pamela J. Dahlquist, on the brief), for appellant.

Thomas J. Lester, argued, Chicago, IL (Nancy G. Lischer and Richard S. Porter, on the brief), for appellee.

Before HANSEN, Chief Judge, BRIGHT, and SMITH, Circuit Judges.

SMITH, Circuit Judge.

This case involves a dispute over the exclusive right to sell groceries and alcoholic products-on a carry-out basis-within the Imperial Mall Shopping Center in Hastings, Nebraska. Nash Finch Company ("Nash") brought a contract action against Rubloff Hastings, LLC ("Rubloff") to enforce an exclusive-use provision contained in Nash's lease. The district court2 granted judgment to Rubloff, concluding that Rubloff was...

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