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LORD & TAYLOR, LLC v. WHITE FLINT, L.P.

No. 15-1995, No. 15-2064.

849 F.3d 567 (2017)

LORD & TAYLOR, LLC; LT Propco, LLC, Plaintiffs-Appellees, v. WHITE FLINT, L.P., f/k/a White Flint Mall, LLP, now known as White Flint Mall, LLLP, Defendant-Appellant, and Alan H. Gottlieb, Defendant. Lord & Taylor, LLC; LT Propco, LLC, Plaintiffs-Appellants, v. White Flint, L.P., f/k/a White Flint Mall, LLP, now known as White Flint Mall, LLLP, Defendant-Appellee, and Alan H. Gottlieb, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided: February 28, 2017.

Attorney(s) appearing for the Case

ARGUED: Stuart Scott Morrison , KATTEN MUCHIN ROSENMAN LLP, Washington, D.C., for Appellant/Cross-Appellee. Michelle DeFinis Gambino , GREENBERG TRAURIG LLP, McLean, Virginia, for Appellees/Cross-Appellants. ON BRIEF: Laura Metcoff Klaus , Washington, D.C., David G. Barger , GREENBERG TRAURIG LLP, McLean, Virginia, for Appellees/Cross-Appellants.

Affirmed by published opinion. Judge Harris wrote the opinion, in which Judge Wilkinson and Judge Agee joined.

Lord & Taylor, LLC, operates a retail department store along Rockville Pike in Montgomery County, Maryland. From 1977 to 2015, the store was part of the White Flint Shopping Center, an enclosed shopping mall (the "Mall"). But in 2015, the Mall's operator, White Flint, L...

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