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The Battle of the Pharmacies
Walgreen operated a pharmacy in a mall in Milwaukee, Wisconsin, owned by the Sara Creek Property Company. Under Walgreen's lease, Sara Creek promised not to rent space in the mall to anyone else who wanted to operate a pharmacy. Several years into the lease, Sara Creek informed Walgreen that it intended to buy out the anchor tenant in the mall and install a Phar-Mor discount store in its place. This store would include a pharmacy the same size as Walgreen's and would be within 200 feet of the Walgreen's store. The Phar-Mor pharmacy would sell pharmaceuticals at a deeper discount than that of Walgreen. Walgreen was granted an injunction against the new lease by the Seventh Circuit Court of Appeals. Sara Creek appealed, claiming that monetary damages would be a more appropriate remedy and then the Phar-Mor pharmacy could be allowed to move in.
1. What is the issue in this case?
2. Do you think monetary damages are an adequate remedy for Walgreen?
3. What kind of remedy should the court grant Walgreen?
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