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GRAND UNION COMPANY v. LAUREL PLAZA, INCORPORATED

Nos. 10757, 10758.

369 F.2d 697 (1966)

The GRAND UNION COMPANY, Appellee, v. LAUREL PLAZA, INCORPORATED, and Laurel/Bowie Development Corporation, Incorporated, Appellants. The GRAND UNION COMPANY, Appellee, v. The GREAT ATLANTIC AND PACIFIC TEA COMPANY, Inc., Appellant.

United States Court of Appeals Fourth Circuit.

Decided November 23, 1966.

Attorney(s) appearing for the Case

Shale D. Stiller, Baltimore, Md. (William B. Kempton, L. Vernon Miller, Jr., and Frank, Bernstein, Conaway & Goldman, Baltimore, Md., on brief), for appellants.

Burton A. Schwalb, Washington, D. C. (A. David Gomborov, Baltimore, Md., and Arent, Fox, Kintner, Plotkin & Kahn, Washington, D. C., on brief), for appellee.

Before BRYAN, BELL and CRAVEN, Circuit Judges.

PER CURIAM.

A covenant in a lease by Laurel Plaza, Incorporated of certain property in a shopping center in Prince Georges County, Maryland, was held by the District Court, at the suit of the lessee supermarket, The Grand Union Company, to bar Laurel and its joint defendants from later erecting or operating a supermarket on the lessor's land located south of and opposite the first site, but separated therefrom by a State highway.

On appeal, Laurel and the...

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