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Civil Procedure Keyed to Babcock
Helzberg’s Diamond Shops, Inc. v. Valley West Des Moines Shopping Center, Inc.
Citation:564 F.2d 816 (8th Cir. 1977)
Plaintiff and Defendant entered into a written contract for Defendant to not allow more than two other jewelers in the shopping center. Defendant thereafter signed a contract with two other jewelers in the mall, and then a third jeweler named Lord’s. Plaintiff Helzberg filed a complaint in federal court based on diversity jurisdiction seeking injunctive relief to stop Defendant Valley West from breaching the contract and signing a lease with the third jeweler. Defendant Valley West moved to dismiss for Plaintiff’s failure to join Lord’s as a party. The district court denied the motion and granted Plaintiff Helzberg’s preliminary injunction. Defendant West Valley appealed.
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