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16-1131 - HOLLY HILL MALL, LLC v. SEARS, ROEBUCK, AND CO.


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16-1131 - HOLLY HILL MALL, LLC v. SEARS, ROEBUCK, AND CO.
February 14, 2017
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MEMORANDUM OPINION AND ORDER signed by JUDGE N. C. TILLEY, JR on 2/14/2017; that Defendant Sears, Roebuck and Co.'s Motion to Dismiss be GRANTED IN PART AND DENIED IN PART. It is granted as to the breach of contract allegations involving the implied duty to operate in a commercially reasonable manner and the express duty to direct an intensive and continuous merchandising and promotional program. It is denied as to the breach of contract and summary ejectment claims alleging the failure to provide net sales reports. (Sheets, Jamie)