Court of Appeals for the Fifth Circuit March 25, 1991, 90-3743 (Cascade Drive Limited Partnership v. Wal-Mart Stores, Inc.)

W. EUGENE DAVIS, Circuit Judge:

Lessor Cascade Drive Limited Partnership (Cascade) sued lessee Wal-Mart Stores, Inc. (Wal-Mart) for specific performance on a lease and monetary damages. The district court concluded that the lease did not impose a duty of continuous operation on Wal-Mart and dismissed Cascade’s suit with prejudice.