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[Download] "Genovese Drug Stores Inc. v. Connecticut Packing Co." by United States Court of Appeals for the Second Circuit * Book PDF Kindle ePub Free

Genovese Drug Stores Inc. v. Connecticut Packing Co.

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eBook details

  • Title: Genovese Drug Stores Inc. v. Connecticut Packing Co.
  • Author : United States Court of Appeals for the Second Circuit
  • Release Date : January 06, 1984
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 73 KB

Description

JON O. NEWMAN, Circuit Judge: Fotomat Corporation (""Fotomat"") appeals from an order of the District Court for the District of Connecticut (T. Emmet Clarie, Judge) granting a motion by Genovese Drug Stores, Inc. (""Genovese"") for a preliminary injunction barring Fotomat from operating a film processing business from a kiosk constructed in the parking lot of a shopping center in which Genovese rents space for operation of a drug store. The injunction was issued to enforce a restrictive covenant in Genovese's lease. Since the undisputed facts establish that Fotomat had neither actual nor constructive notice of the restrictive covenant at the time it leased the portion of the parking lot on which its kiosk stands, we vacate the injunction and direct that judgment enter in favor of Fotomat.


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