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KMART CORP. v. FOOTSTAR, INC.

Nos. 14-1242, 14-1356, 14-1359.

777 F.3d 923 (2015)

KMART CORPORATION, Plaintiff-Appellant/Cross-Appellee, v. FOOTSTAR, INC., Defendant-Cross-Appellant, and Liberty Mutual Fire Insurance Company, Defendant-Appellee/Cross-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided February 4, 2015.

Attorney(s) appearing for the Case

James Matthew Davis , Michael D. Richman , Paul R. Walker-Bright , Attorney, Reed Smith LLP, Chicago, IL, for Plaintiff-Appellant/Cross-Appellee.

David S. Osborne and Joseph P. Postel , Attorneys, Lindsay, Rappaport & Postel, LLC; Chicago, IL, for Defendant-Cross-Appellant.

Jay S. Judge , Attorney, Judge, James & Kujawa, LLC, Park Ridge, IL, for Defendant-Appellee/Cross-Appellant.

Before BAUER, ROVNER, and WILLIAMS, Circuit Judges.

Under an agreement between Footstar and Kmart, Footstar operated the footwear departments in various Kmart stores as though they were islands. Footstar employees could only work in those departments unless they had written permission from Kmart. On July 27, 2005, a Footstar employee tried to help a customer get an infant...

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