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KMART CORP. v. KROGER CO.

Civil Action No. 1:11-CV-00103-GHD-DAS.

963 F.Supp.2d 605 (2013)

KMART CORPORATION, Plaintiff v. The KROGER CO.; E & A Southeast Limited Partnership; Fulton Improvements, LLC; Kansas City Railway Company; and City of Corinth, Defendants.

United States District Court, N.D. Mississippi, Aberdeen Division.

August 9, 2013.

Attorney(s) appearing for the Case

Ryan O. Luminais , Sher Garner Cahill Richter Klein & Hilbert, LLC, New Orleans, LA, for Plaintiff.

David Aaron Norris , Edley H. Jones, III , Stephen Friedrich Schelver , McGlinchey Stafford , Mary Clift Abdalla , Walter G. Watkins, Jr. , Walter Garner Watkins, III , Forman, Perry, Watkins, Krutz & Tardy, PLLC, Charles E. Ross , Linda F. Cooper , Wise, Carter, Child & Caraway, Jackson, MS, Gerald Haggart Jacks , Jamie Ferguson Jacks , Jacks, Adams & Norquist, P.A., Cleveland, MS, for Defendants.

MEMORANDUM OPINION GRANTING CITY OF CORINTH'S MOTION TO DISMISS OR, IN THE ALTERNATIVE, MOTION FOR SUMMARY JUDGMENT

GLEN H. DAVIDSON, Senior District Judge.

Presently before the Court is an amended motion to dismiss or, in the alternative, motion for summary judgment [85] filed by Defendant, City of Corinth.1 Upon due consideration, the Court finds the motion should be granted.

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