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MAC EAST, LLC v. SHONEY'S

No. 07-11534.

535 F.3d 1293 (2008)

MAC EAST, LLC, a Limited Liability Corporation, Plaintiff-Appellee, v. SHONEY'S, a Limited Liability Company, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

July 24, 2008.

Attorney(s) appearing for the Case

James N. Nolan, Constangy, Brooks & Smith, Birmingham, AL, for Shoney's.

Dennis R. Bailey, Bethany L. Bolger, Rushton, Stakely, Johnston & Garrett, P.A., Montgomery, AL, Paul Oliver Woodall, Jr., Birmingham, AL, for MAC East.

Before BLACK, CARNES and COX, Circuit Judges.

COX, Circuit Judge:

This diversity case involves a commercial real estate lease and a proposal by the assignee of that lease to sublease the real estate to a third party. A significant issue in this case arises out of a consent clause in the assignment, which gives the assignor "sole discretion" to withhold consent to the assignee's proposed sublease. We certify this issue to the Alabama Supreme Court because it is dispositive of part of the case and Alabama law is...

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