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Oklahoma Plaza Investors v. Wal-Mart Stores

203 B.R. 479 (1994)

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Oklahoma Plaza Investors v. Wal-Mart Stores

United States District Court for the Northern District of Oklahoma
203 B.R. 479 (1994)

RW

Facts

Wal-Mart Stores, Inc. (defendant) opened a discount store in a shopping center that it leased from Oklahoma Plaza Investors, Ltd. (OPI) (plaintiff). The lease recited Wal-Mart’s intention to operate a discount store at the shopping center but added that “the store may be used for any lawful purpose.” The lease’s definition of default included desertion of the premises or failure to pay rent. Eventually, Wal-Mart closed the store, removed its fixtures, and papered over its windows. Thereafter, Wal-Mart continued paying rent on the space and used it for storage and occasional meetings. Nevertheless, OPI sued Wal-Mart. A federal bankruptcy court found that Wal-Mart had breached a lease that was complete and unambiguous on its face. Wal-Mart appealed to the United States District Court for the Northern District of Oklahoma.

Rule of Law

Issue

Holding and Reasoning (Ellison, C.J.)

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