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GLIMCHER PROPERTIES, L.P. v. BI-LO, LLC

No. A04A1876.

609 S.E.2d 707 (2005)

271 Ga.App. 322

GLIMCHER PROPERTIES, L.P. v. BI-LO, LLC.

Court of Appeals of Georgia.

January 21, 2005.

Attorney(s) appearing for the Case

David Hudson, Hull Towill Norman Barrett & Salley, Augusta, for Appellant.

Thomas Tucker, Tucker, Everitt, Long, Brewton & Lanier, Augusta, A. Quattlebaum, Kenneth Young, James Blair, Nelson Mullins Riley & Scarborough, Greensboro, SC, for Appellee.

MILLER, Judge.

Bi-Lo, LLC (Bi-Lo), entered a lease to operate a grocery store in a shopping center owned by Glimcher Properties, L.P. (Glimcher).1 Bi-Lo sued Glimcher for breach of contract and unjust enrichment, alleging that Glimcher failed to protect Bi-Lo's exclusive right under the lease to sell groceries by allowing a Wal-Mart in the same shopping center to sell groceries as well. Glimcher claimed that Bi-Lo had waived its rights...

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