SOUTHEAST TEXAS INNS v. PRIME HOSPITALITY CORP.

No. 05-5892.

462 F.3d 666 (2006)

SOUTHEAST TEXAS INNS, INC., Plaintiff-Appellant, v. PRIME HOSPITALITY CORPORATION, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 30, 2006.


Attorney(s) appearing for the Case

ARGUED: Eugene N. Bulso, Jr., Boult, Cummings, Conners & Berry, Nashville, Tennessee, for Appellant. Garry K. Grooms, Stites & Harbison, Nashville, Tennessee, for Appellee. ON BRIEF: Eugene N. Bulso, Jr., Melissa Ballengee Alexander, Boult, Cummings, Conners & Berry, Nashville, Tennessee, for Appellant. Garry K. Grooms, Stephen H. Price, Stites & Harbison, Nashville, Tennessee, for Appellee.

Before: SUTTON and GRIFFIN, Circuit Judges; OBERDORFER, District Judge.


GRIFFIN, J., delivered the opinion of the court, in which SUTTON, J., joined. OBERDORFER, J. (pp. 682-684), delivered a separate dubitante.

OPINION

GRIFFIN, Circuit Judge.

This cause of action arises from the breach of a lease agreement executed between plaintiff-appellant Southeast Texas Inns, Inc. ("Southeast"), a Tennessee corporation, and May-Ridge, L.P. ("May-Ridge"), a Delaware limited partnership and subsidiary of defendant-appellee Prime...

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