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LANDAN v. WAL-MART REAL ESTATE BUSINESS TRUST

No. 2:12cv926.

LINDA LANDAN, HOLLY AND LINDSEY, LLC, JEFFREY J. KIKIRICA, Trustee for B.L. McCANDLESS, LP., B.L. McCANDLESS, LP, BROAD LAND PA, LLC, BLAZIER DRIVE, LLC, Plaintiffs, v. WAL-MART REAL ESTATE BUSINESS TRUST, WAL-MART STORES EAST, LP, WAL-MART STORES, INC., S. ROBSON WALTON, President, BRIAN CORNELL, President Wal-Mart Real Estate, MICHAEL T. DUKE, EVP, CHARLES M. HOLLEY, JR., CFO, Walmart Realty, Defendants.

United States District Court, W.D. Pennsylvania.

August 5, 2013.

Attorney(s) appearing for the Case

LINDA LANDAN, Plaintiff, represented by Marvin Leibowitz , One Bigelow Square.

HOLLY AND LINDSAY, L.L.C., Plaintiff, represented by Marvin Leibowitz , One Bigelow Square.

JEFFREY J. SIKIRICA, Plaintiff, represented by Marvin Leibowitz , One Bigelow Square.

B.L. MCCANDLESS, L.P., Plaintiff, represented by Marvin Leibowitz , One Bigelow Square.

BROAD LAND PA, L.L.C., Plaintiff, represented by Marvin Leibowitz , One Bigelow Square.

BLAZIER DRIVE, L.L.C., Plaintiff, represented by Marvin Leibowitz , One Bigelow Square.

WAL-MART REAL ESTATE BUSINESS TRUST, Defendant, represented by Ronald W. Crouch , McGuire Woods & Kevin S. Batik , McGuire Woods.

WAL-MART STORES EAST, L.P., Defendant, represented by Ronald W. Crouch , McGuire Woods & Kevin S. Batik , McGuire Woods.

WAL-MART STORES, INC, Defendant, represented by Ronald W. Crouch , McGuire Woods & Kevin S. Batik , McGuire Woods.

S. ROBSON WALTON, Defendant, represented by Ronald W. Crouch , McGuire Woods & Kevin S. Batik , McGuire Woods.

BRIAN CORNELL, Defendant, represented by Ronald W. Crouch , McGuire Woods & Kevin S. Batik , McGuire Woods.

MICHAEL T. DUKE, Defendant, represented by Ronald W. Crouch , McGuire Woods.

MICHAEL T. DUKE, EVP, Defendant, represented by Kevin S. Batik , McGuire Woods.

CHARLES M. HOLLEY, JR, Defendant, represented by Ronald W. Crouch , McGuire Woods & Kevin S. Batik , McGuire Woods.

OPINION

DAVID STEWART CERCONE, District Judge.

Plaintiff commenced this action seeking damages arising from a land development agreement that contemplated the construction of a "225 prototype" Wal-Mart supercenter. The parties dispute the degree to which they were bound to complete their mutual undertaking. Presently before the court is defendants' motion to dismiss. For the reasons set forth below, the motion will be granted in part and denied in part....

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