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KROGER CO. v. MALEASE FOODS CORP.

No. 04-4512.

437 F.3d 506 (2006)

THE KROGER COMPANY, Plaintiff-Appellee, v. MALEASE FOODS CORP., Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 9, 2006.

Attorney(s) appearing for the Case

ARGUED: Robert W. Cinque, Cinque & Cinque, New York, New York, for Appellant. Scott D. Phillips, Frost, Brown & Todd, Cincinnati, Ohio, for Appellee. ON BRIEF: Robert W. Cinque, Cinque & Cinque, New York, New York, R. Gary Winters, McCaslin, Imbus & McCaslin, Cincinnati, Ohio, for Appellant. Douglas R. Dennis, Frost, Brown & Todd, Cincinnati, Ohio, for Appellee.

Before: MOORE, ROGERS, and McKEAGUE, Circuit Judges.

McKEAGUE, Circuit Judge.

Defendant Malease Foods Corporation appeals the district court's November 23, 2004, order requiring Malease to convey its leasehold interest in certain properties to plaintiff, The Kroger Company, or in the alternative, to post an appropriate bond pending appeal. This order followed the partial grant of Kroger's motion for summary judgment, wherein the district court found that Kroger had properly exercised purchase options on the subject...

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