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CHARLOTTE EASTLAND MALL v. SOLE SURVIVOR

No. COA03-1422.

608 S.E.2d 70 (2004)

CHARLOTTE EASTLAND MALL, LLC, f/k/a Eastland Mall Limited Partnership, Plaintiff, v. SOLE SURVIVOR, INC. d/b/a Heel Sew Quik, Michael R. Johnson, and Sarah A. Johnson, Defendants.

Court of Appeals of North Carolina.

October 19, 2004.

Attorney(s) appearing for the Case

Shuford, Hunter & Brown, P.A., by G. Martin Hunter, Charlotte, for plaintiff-appellee.

Andresen, Vann & Butler, by Christopher M. Vann, Charlotte, for defendant-appellants.

LEVINSON, Judge.

Defendants, Sole Survivor, Inc., Michael Johnson, and Sarah Johnson, appeal from an order of summary judgment entered in favor of plaintiff, Charlotte Eastland Mall (Eastland). We affirm.

The pertinent facts may be summarized as follows: Eastland is a shopping mall in Charlotte, North Carolina. On 14 February 1994 defendant Sole Survivor signed a ten year lease with Eastland for the operation of...

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