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13-4343 - Spirit Master Funding III LLC v. El Chico Restaurants of America Inc et al


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13-4343 - Spirit Master Funding III LLC v. El Chico Restaurants of America Inc et al
October 31, 2016
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Memorandum Opinion and Order: For the reasons stated, the court concludes that, notwithstanding the parties' contentions, a genuine dispute of material fact exists regarding the elements of Plaintiff's contract claim with respect to the various leases that are the subject of its summary judgment motion. The court, therefore, denies Plaintiff's Motion for Summary Judgment (Doc. 88); denies as moot Defendants' Motion to Strike and Objections to Plaintiff's Summary Judgment Evidence (Doc. 101); and denies as moot Defendants' Motion for Leave to File Sur-reply Opposition to Plaintiff's Motion for Summary Judgment (Doc. 112). As no jury trial has been requested, this case will be tried to the court. (Ordered by Judge Sam A Lindsay on 10/31/2016) (ndt)