ALMEDA MALL, L.P. v. SHOE SHOW, INC.

No. 10-20587.

649 F.3d 389 (2011)

ALMEDA MALL, L.P., Plaintiff-Appellee, v. SHOE SHOW, INC., doing business as The Shoe Department, Inc.; The Shoe Show of Rocky Mount, Inc., doing business as Shoe Department, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

August 8, 2011.


Attorney(s) appearing for the Case

Julian Fertitta, III (argued), Grimes & Fertitta, P.C., Houston, TX, for Plaintiff-Appellee.

David Michael Walsh, IV , William H. Chamblee , Chamblee & Ryan, P.C., Dallas, TX, Hope I. Hamilton , Bingham B. Leverich (argued), Covington & Burling, L.L.P., Washington, DC, for Defendants-Appellants.

Before WIENER, BENAVIDES, and STEWART, Circuit Judges.


WIENER, Circuit Judge:

Defendant-Appellant Shoe Show, Inc. ("Shoe Show") entered into a lease (the "Lease") as lessee ("Lessee") of a store space (the "Leased Premises") in a shopping mall in Houston, Texas. The Lessor was San Mall, the predecessor in interest of Plaintiff-Appellee Almeda Mall, L.P. ("Almeda"). In the Lease, Shoe Show agreed to operate a retail shoe store in the Leased Premises under the trade name "The SHOE DEPT."1 The...

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