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M WEST, INC. v. OAK PARK MALL, L.L.C.

No. 102,115.

234 P.3d 833 (2010)

M WEST, INC., Appellant, v. OAK PARK MALL, L.L.C., and Cingular Wireless, L.L.C., Appellees.

Court of Appeals of Kansas.

June 18, 2010.

Attorney(s) appearing for the Case

Mark D. Murphy and Jeffrey M. Cook, of the Murphy Law Firm, LLC, of Overland Park, for appellant M West, Inc.

Lynn S. McCreary, of Bryan Cave LLP, of Kansas City, Missouri, and Sarah N. Swatosh, of the same firm, of St. Louis, Missouri, for appellee Cingular Wireless, L.L.C.

Kathryn G. Lee, Amber Van Hauen, and Kara S. Bemboom, of Husch Blackwell Sanders LLP, of Kansas City, Missouri, for appellee Oak Park Mall, L.L.C.

Before LEBEN, P.J., GREEN and CAPLINGER, JJ.

GREEN, J.

M West, Inc. (M West), appeals from the trial court's judgments granting summary judgment to Cingular Wireless, L.L.C. (Cingular), and to Oak Park Mall, L.L.C. (Oak Park). M West and Cingular were both tenants of Oak Park. Cingular and M West entered into a proposed assignment agreement for M West to take over Cingular's lease contingent upon Oak Park's consent of the assignment and the execution of a formal binding written assignment agreement. As required...

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