(DOWNLOAD) "Trient Partners I Ltd. v. Blockbuster Entertainment Corp." by Fifth Circuit U.S. Court of Appeals * eBook PDF Kindle ePub Free
eBook details
- Title: Trient Partners I Ltd. v. Blockbuster Entertainment Corp.
- Author : Fifth Circuit U.S. Court of Appeals
- Release Date : January 10, 1996
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 76 KB
Description
WIENER, Circuit Judge: When this appeal is reduced to its bare essentials and stripped of all hyperbole, technical terminology, and obfuscatory theorizing, it presents a straightforward exercise in the interpretation of the provisions of two contracts: the ""Agreement for System License"" (the License Agreement); and a commercial store space lease--actually forty-three separate retail store space leases (the Leases). As the licensee of Defendant-Appellant Blockbuster,1 Plaintiff-Appellee Trient Partners I Ltd. (Trient) opened and operated forty-three Blockbuster ""Superstores"" at locations within licensed areas in the states of Oregon and Washington. The instant facet of this diversity jurisdiction litigation implicates Trient's decision to go out of the video rental and sales business altogether; specifically, to abandon or ""terminate"" the License Agreement, return or re-convey proprietary personal property to Blockbuster, and--here's the rub--sell or assign the Leases to the highest bidder, whether that be Blockbuster or one or more third parties. Insisting that it has the right to acquire the Leases, Blockbuster has managed, through its litigating tactics, to delay Trient's Disposition of the Leases for months. The litigation between Trient and Blockbuster has other aspects, but the issues surrounding the sale or assignment of the Leases are all that is before us today.
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